What happens if the only error identified in a reissue declaration is to delete a 35 U.S.C. 120 benefit claim?
If the only error identified in the reissue declaration is the need to delete a 35 U.S.C. 120 benefit claim, and there’s no mention of increasing the patent term, the examiner should not reject the application under 35 U.S.C. 251. According to MPEP 1405: “If the only error identified in the reissue declaration is the…
Read MoreWhat if a reissue declaration aims to correct the patent term by deleting a 35 U.S.C. 120 benefit claim?
If the only error identified in the reissue declaration is stated to be the correction or adjustment of the patent term by deleting the 35 U.S.C. 120 benefit claim, the application will be rejected. According to MPEP 1405: “If the only error identified in the reissue declaration is stated to be the correction or adjustment…
Read MoreHow are reissue applications handled differently in terms of signatory authority?
Reissue applications are treated differently in terms of signatory authority, as indicated in MPEP 1005. This section specifies that actions related to reissue applications, particularly decisions on reissue oaths or declarations, require the signature of a primary examiner, Technology Center Director, or practice specialist. MPEP 1005 states: “Reissue applications (e.g., decisions on reissue oath or…
Read MoreHow does the process differ for reissue applications filed before September 16, 2012?
For reissue applications filed before September 16, 2012, there are some key differences in the requirements. According to MPEP 1410.01: “For reissue applications filed before September 16, 2012, the reissue application must be made by the inventor or the person(s) applying for a patent in place of the inventor as provided in pre-AIA 37 CFR…
Read MoreWhat is the purpose of a reissue oath or declaration in a reissue application filed before September 16, 2012?
The purpose of a reissue oath or declaration in a reissue application filed before September 16, 2012, is to: Identify at least one error in the original patent that serves as the basis for the reissue State that all errors being corrected in the reissue application arose without any deceptive intention on the part of…
Read MoreCan a reissue application filed before September 16, 2012, correct multiple errors in the original patent?
Yes, a reissue application filed before September 16, 2012, can correct multiple errors in the original patent. The MPEP 1414.02 states: “It is not necessary to specifically state all of the errors and imperfections being corrected in the reissue application in the reissue oath/declaration. However, it is necessary to identify in the reissue oath/declaration at…
Read MoreWhat is the role of the Office of Patent Application Processing (OPAP) in reviewing reissue oaths/declarations filed before September 16, 2012?
For reissue applications filed before September 16, 2012, the Office of Patent Application Processing (OPAP) plays a crucial role in reviewing the reissue oath/declaration. Specifically: OPAP is responsible for reviewing the reissue oath/declaration for compliance with pre-AIA 37 CFR 1.63. This initial review by OPAP means that the examiner is not required to perform this…
Read MoreAre there any more FAQs about MPEP 1414.02 – Reissue Oath or Declaration in Reissue Application Filed Before September 16, 2012?
No more FAQs can be generated for this specific MPEP section. The key information and requirements for reissue oaths or declarations in applications filed before September 16, 2012, have been comprehensively covered in the existing FAQs. Any additional questions would likely be redundant or overly specific variations of the already discussed points. To learn more:…
Read MoreCan a reissue oath or declaration be signed by the legal representative of a deceased or legally incapacitated inventor?
Yes, a reissue oath or declaration can be signed by the legal representative of a deceased or legally incapacitated inventor. The MPEP 1410.01 states: “For applications filed on or after September 16, 2012, if an inventor is deceased or legally incapacitated, the legal representative of the inventor may sign the reissue oath or declaration as…
Read MoreHow should errors be identified in a reissue oath/declaration?
When identifying errors in a reissue oath/declaration, it’s important to be specific. The MPEP 1414 provides guidance on this: “It is not necessary, however, to point out how (or when) the error arose or occurred. Further, it is not necessary to point out how (or when) the error was discovered. What is needed for the…
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