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…

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What 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…

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What 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publication as a patent at the time the Notice of Allowance is mailed, the following process occurs: The application is withdrawn from issue.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…

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What 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…

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What 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…

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How 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…

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What 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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