How should drawings be amended in a reissue application?
Amending drawings in a reissue application requires specific procedures: Submit replacement sheets for any changed drawings Include all figures from the original sheet, even if only one is amended Label amended figures as “Amended” and new figures as “New” Explain all changes in detail on a separate sheet Canceled figures must be surrounded by brackets…
Read MoreWhat are the requirements for amending claims in a reissue application?
When amending claims in a reissue application: Present the entire text of each amended claim Underline any added matter Enclose any deleted matter in brackets For new claims, present the entire claim with underlining Cancel claims by stating “Cancel claim X” without presenting the text Do not renumber original patent claims The MPEP states: “37…
Read MoreHow can the public access and view reissue application files?
The public can access and view reissue application files through the USPTO’s Patent Center. MPEP 1470 provides the following information: “IFW reissue application files are open to inspection by the general public by way of Patent Center via the USPTO Internet site. In viewing the images of the files, members of the public will be…
Read MoreHow can the public access reissue application files?
The public can access reissue application files through the USPTO’s Patent Center. MPEP 1430 states: “IFW reissue application files are open to inspection by the general public by way of Patent Center via the USPTO Internet site. In viewing the images of the files, members of the public will be able to view the entire…
Read MoreHow are materials submitted under MPEP § 724.02 treated in reissue applications open to the public?
Materials submitted under MPEP § 724.02 in reissue applications open to the public under 37 CFR 1.11(b) are treated as follows: The materials are kept separate from the reissue application file and are not publicly available until a determination is made regarding their materiality to patentability. They will only be released to the public if…
Read MoreWhen is it necessary to inspect previously patented or abandoned application papers?
Inspecting previously patented or abandoned application papers is necessary in certain situations during patent examination. According to MPEP 711.04(b): “In examination of an application it is sometimes necessary to inspect the application papers of a previously patented or abandoned application. It is always necessary to do so in the examination of a reissue application.” This…
Read MoreWhich types of applications are not eligible for prioritized examination?
According to MPEP 708.01, certain types of applications are not eligible for prioritized examination. These include: International applications that have not entered the national stage under 35 U.S.C. 371 Design applications Reissue applications Provisional applications Reexamination proceedings The MPEP states: Prioritized examination under this paragraph will not be accorded to international applications that have not…
Read MoreHow are confidential materials handled in reissue applications open to the public?
Confidential materials submitted under MPEP § 724.02 in reissue applications open to the public under 37 CFR 1.11(b) are handled as follows: Materials are kept separate from the main application file They are not publicly available until a determination of materiality to patentability is made If found not material, they can be expunged upon petition…
Read MoreWhat takes precedence over special cases in patent examination?
According to MPEP 708.01, certain procedures take precedence over actions on special cases: Completion and mailing of all papers typed and ready for signature Processing of ‘Printer Rush’ cases within the indicated period Reissue applications, particularly those involved in stayed litigation Applications with set time limits, such as examiner’s answers due within 2 months after…
Read MoreWhat types of patent applications receive special examination priority at the USPTO?
The USPTO grants special examination priority to certain types of patent applications. According to the MPEP, these include: Reissue applications, especially those where litigation has been stayed Ex parte reexamination proceedings involved in litigation Inter partes reexamination proceedings involved in litigation Cases with fixed 30-day due dates (e.g., examiner’s answers and decisions on motions) Other…
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