How can I access a reissue application file?
Reissue application files are generally open to public inspection. According to 37 CFR 1.11(b): Reissue applications are open to inspection by the general public The filing of reissue applications (except for continued prosecution applications under 37 CFR 1.53(d)) is announced in the Official Gazette The announcement includes details such as filing date, reissue application and…
Read MoreCan an assignee of a part interest alone file a reissue application?
No, an assignee of a part interest alone cannot file a reissue application. According to MPEP 1410, a reissue application must be applied for by all of the inventors, unless the application is accompanied by a petition under 37 CFR 1.182 for waiver of the requirement. Alternatively, the assignee of the entire interest can file…
Read MoreWhat happens if an assignee of a part interest refuses to join in an application for reissue?
If an assignee of a part interest refuses to join in an application for reissue, the reissue may still be applied for by the assignee of the entire interest. This is outlined in MPEP 1410. The assignee of the entire interest can file the reissue application as the sole applicant. However, the assignee must comply…
Read MoreWhat are the special types of national applications?
The MPEP 201.01 mentions several special types of national applications: 1. Provisional applications (35 U.S.C. 111(b))2. Reissue applications (35 U.S.C. 251)3. Design applications (35 U.S.C. 171)4. Plant applications (35 U.S.C. 161) These applications have specific requirements and purposes. For example, provisional applications provide a way to establish an early effective filing date, while reissue applications…
Read MoreWhat is a reissue application and when is it used?
A reissue application is a type of application used to correct an error in an issued patent that renders the patent wholly or partly inoperative or invalid. It is governed by 35 U.S.C. 251 and 37 CFR 1.171-1.179. Reissue applications are typically filed when the original patent claims are too narrow or too broad, or…
Read MoreWhat are reissue applications according to MPEP 201.01?
MPEP 201.01 briefly mentions reissue applications as one of the types of national applications. Specifically, it states: ‘National applications include original applications and reissue applications (filed under 35 U.S.C. 251).’ Reissue applications are a specialized type of patent application used to correct errors in an already issued patent. They are governed by 35 U.S.C. 251,…
Read MoreWhat are the types of national applications mentioned in MPEP 201.01?
MPEP 201.01 outlines several types of national applications that can be filed with the USPTO. These include: Original (nonprovisional) applications Reissue applications Design applications Plant applications Provisional applications As stated in MPEP 201.01: ‘National applications include original (nonprovisional), reissue, design, plant, and provisional applications.’ Each of these application types serves a specific purpose in the…
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