How are twice-reissued patents formatted?
Twice-reissued patents have a specific formatting to distinguish changes made in the first and second reissue. The MPEP 1411 provides guidance on this: “Examples of the form for a twice-reissued patent are found in Re. 23,558 and Re. 28,488. Double underlining and double bracketing are used in the second reissue application, while bold-faced type and…
Read MoreAre time extensions permitted in reissue applications with related litigation?
Generally, time extensions are not permitted in reissue applications with related litigation. The MPEP provides specific language to be used in such cases: “Due to the related litigation status of this reissue application, EXTENSIONS OF TIME UNDER THE PROVISIONS OF 37 CFR 1.136(a) WILL NOT BE PERMITTED.” This restriction is applied to ensure that the…
Read MoreHow can the public submit information about a reissue application during the two-month delay period?
During the two-month delay period, members of the public can submit pertinent information about a reissue application to the USPTO. According to MPEP § 1441: The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). To submit a protest, follow the guidelines in MPEP § 1441.01, which specifically discusses protests…
Read MoreWhat are the special circumstances for rejecting a reissue application based on fraud or inequitable conduct?
Special circumstances for rejecting a reissue application based on fraud or inequitable conduct include: An explicit admission of fraud, inequitable conduct, or violation of the duty of disclosure A judicial determination of fraud, inequitable conduct, or violation of the duty of disclosure MPEP 1448 states: “An admission or judicial determination of fraud, inequitable conduct, or…
Read MoreWhat is the significance of the September 16, 2012 date for reissue applications regarding fraud and inequitable conduct?
The September 16, 2012 date is significant for reissue applications regarding fraud and inequitable conduct because it marks a change in the examination process. According to MPEP 1448: “Examination as to the lack of deceptive intent requirement in reissue applications filed before September 16, 2012 will continue but without any investigation of fraud, inequitable conduct,…
Read MoreWhen should a rejection based on lack of diligence be made in reissue applications?
According to MPEP 1403, rejections based on lack of diligence should generally not be made by patent examiners, especially for reissue applications filed within two years of the original patent grant. The MPEP states: “When a reissue application is filed within 2 years from the date of the original patent, a rejection on the grounds…
Read MoreAre reissue patent applications open to public inspection?
Yes, reissue patent applications are open to public inspection. According to MPEP 1430, “Under 37 CFR 1.11(b) all reissue applications filed are open to inspection by the general public, and copies may be furnished upon paying the fee therefor.” This means that anyone can view the contents of a reissue application file, either through the…
Read MoreHow are reissue patent applications announced to the public?
Reissue patent applications are announced to the public through the Official Gazette. MPEP 1430 states: “The filing of reissue applications (except for continued prosecution applications (CPA’s) filed under 37 CFR 1.53(d)) will be announced in the Official Gazette.” This announcement includes key information such as: Filing date Reissue application and original patent numbers Title Class…
Read MoreWhat additional information must be provided with claim amendments in a reissue application?
When amending claims in a reissue application, you must provide: The status of all patent claims and added claims (pending or canceled) An explanation of support in the original disclosure for each claim change The MPEP states: “Pursuant to 37 CFR 1.173(c), each amendment submitted must set forth the status of all patent claims and…
Read MoreWhat does “special status” mean for reissue applications?
“Special status” for reissue applications means that these applications are given priority treatment in the examination process. According to MPEP 1442, “All reissue applications are taken up ‘special,’ and remain ‘special’ even if applicant does not respond promptly.” This special status ensures that reissue applications are processed more quickly than regular patent applications. To learn…
Read More