Can a reissue application be used to provoke an interference?
Yes, a reissue application can be used to provoke an interference under certain circumstances. According to the MPEP, In appropriate circumstances, a reissue application subject to pre-AIA 35 U.S.C. 102(g) (first to invent) may be placed into interference with a patent or pending application. However, there are specific conditions that must be met: The reissue…
Read MoreHow does a reissue application affect patent term adjustment?
How does a reissue application affect patent term adjustment? A reissue application does not affect the patent term adjustment (PTA) of the original patent. The MPEP 1405 states: “The filing of a reissue application does not affect the patent term adjustment under 35 U.S.C. 154(b) of the original patent.” This means that any PTA granted…
Read MoreCan a reissue application be based solely on the Office’s failure to declare an interference?
No, a reissue application cannot be based solely on the Office’s failure to declare an interference. The MPEP clearly states: Reissue error must be based upon applicant error; a reissue cannot be based solely on the error of the Office for failing to declare an interference or to suggest copying claims for the purpose of…
Read MoreWhat are the notification requirements for prior or concurrent proceedings in a reissue application?
In a reissue application, the applicant has a continuing duty to notify the USPTO of any prior or concurrent proceedings involving the patent for which reissue is requested. This requirement is outlined in 37 CFR 1.178(b), which states: “In any reissue application before the Office, the applicant must call to the attention of the Office…
Read MoreWhat happens if a reissue application is not ready for publication as a patent at the time the Notice of Allowance is mailed?
If a reissue application is not ready for publication as a patent at the time the Notice of Allowance is mailed, the following process occurs: The application is withdrawn from issue. The application is returned to the examiner. Appropriate corrective action is taken by the examiner. A new Notice of Allowance is mailed when the…
Read MoreWhat are the time limitations for filing a reissue application to provoke an interference?
There are important time limitations to consider when filing a reissue application to provoke an interference: One-year rule: The MPEP states, The issue date of the patent, or the publication date of the application publication (whichever is applicable under pre-AIA 35 U.S.C. 135(b)), with which an interference is sought must be less than 1 year…
Read MoreWhat is the fee for filing a reissue application?
What is the fee for filing a reissue application? The fee for filing a reissue application is the same as the current fee for filing a non-provisional application for an original patent. According to MPEP 1442: “The fee for filing a reissue application is set forth in 37 CFR 1.16(e).” It’s important to note that…
Read MoreCan a reissue application be granted a filing date without all required documents?
Yes, according to MPEP 1403, a reissue application can be granted a filing date even if certain documents or fees are missing. The MPEP states: “A reissue application can be granted a filing date without an oath or declaration, or without the basic filing fee, search fee, or examination fee being present. See 37 CFR…
Read MoreHow are reissue applications examined compared to original applications?
Reissue applications are examined in the same manner as original, non-reissue, non-provisional applications. This is explicitly stated in 37 CFR 1.176, which says that a reissue application, “including all the claims therein, is subject to ‘be examined in the same manner as a non-reissue, non-provisional application.’” This means that examiners will apply the same level…
Read MoreWhat should a reissue applicant do if the original patent is in an interference proceeding?
If a reissue application is filed while the original patent is involved in an interference proceeding, the reissue applicant has specific obligations. The MPEP states: If a reissue application is filed while the original patent is in an interference proceeding, the reissue applicant must promptly notify the Patent Trial and Appeal Board of the filing…
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