What is the duty of a reissue applicant regarding prior or concurrent proceedings?

According to 37 CFR 1.178(b), a reissue applicant has a duty to inform the USPTO about any prior or concurrent proceedings involving the patent for which reissue is requested. This includes: Interferences or trials before the Patent Trial and Appeal Board Reissues Reexaminations Litigations The MPEP states: “Where the patent for which reissue is being…

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How does the USPTO handle a situation where a reexamination certificate is to be issued while a reissue application is pending?

When a reexamination certificate is to be issued for a patent while a reissue application for the same patent is pending, the USPTO follows a specific procedure: The examiner will not act on the reissue application until the certificate issues and publishes. After the certificate is published, the Office will resume examination of the reissue…

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Does filing an RCE result in a new reissue application?

No, filing a Request for Continued Examination (RCE) does not result in a new reissue application. The MPEP 1452 clearly states: “An RCE continues the prosecution of the existing reissue application and is not a filing of a new reissue application.” This means that the RCE simply allows for continued examination of the current reissue…

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How does filing an RCE affect a merged reissue application and reexamination proceeding?

Filing a Request for Continued Examination (RCE) in a reissue application that has been merged with a reexamination proceeding does not automatically dissolve the merger. According to MPEP 1452: “Additionally, if a reissue application is merged with a reexamination proceeding (see MPEP § 1449.01), the filing of an RCE will not dissolve the merger, because…

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What is the purpose of restriction in reissue applications?

Restriction in reissue applications serves to separate newly added claims from the original patent claims when they are directed to distinct inventions. According to MPEP 1450, “37 CFR 1.176(b) permits the examiner to require restriction in a reissue application between claims newly added in a reissue application and the original patent claims, where the added…

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