How does the Patent Trial and Appeal Board (PTAB) affect reissue application examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The Patent Trial and Appeal Board (PTAB) can significantly impact the examination of reissue…
Read MoreWhat happens if a protest is filed in a reissue application related to a patent involved in a pending interference proceeding?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 8 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. If a protest is filed in a reissue application related…
Read MoreWhat types of proceedings should be reported to the USPTO in a reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When filing a reissue application, applicants should report various types of proceedings involving the…
Read MoreHow should priority or benefit claims be made in a reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Priority or benefit claims in reissue applications must be made…
Read MoreCan prior art considered during the original patent examination be used again in a reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, prior art that was considered during the original patent…
Read MoreHow does the availability of prior art differ between original and reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. In most cases, the availability of prior art for reissue…
Read MoreDo claims in a reissue application have a presumption of validity?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, claims in a reissue application do not have a…
Read MoreWhat is the role of a preliminary amendment in a reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A preliminary amendment plays a significant role in reissue applications.…
Read MoreCan a reissue application filed before September 16, 2012, correct multiple errors in the original patent?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, a reissue application filed before September 16, 2012, can…
Read MoreCan original or printed patent drawing sheets be physically altered in a reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, original or printed patent drawing sheets cannot be physically…
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