What happens if errors previously identified in a reissue oath/declaration are no longer relied upon?
The required action differs based on the filing date of the reissue application: For applications filed on or after September 16, 2012: A supplemental reissue oath or declaration is not required. However, the applicant must explicitly identify an error being relied upon as the basis for reissue in the remarks accompanying an amendment. The MPEP…
Read MoreCan a reissue oath or declaration be signed by the executor of a deceased inventor’s estate?
Yes, a reissue oath or declaration can be signed by the executor of a deceased inventor’s estate under certain circumstances. According to MPEP 1414: “Where an executor or administrator has been appointed, that executor or administrator must make the oath or declaration on behalf of a deceased inventor. Where a reissue application is filed on…
Read MoreWhat are the essential requirements for a reissue oath or declaration?
According to MPEP 1444, all reissue oaths or declarations must contain the following: A statement that the applicant believes the original patent to be wholly or partly inoperative or invalid due to a defective specification or drawing, or because the patentee claimed more or less than they had the right to claim. A statement of…
Read MoreWhat are the essential components of a reissue oath/declaration?
A reissue oath/declaration is a crucial part of a reissue application. According to MPEP 1414, all reissue oaths or declarations must contain the following: A statement of at least one error being relied upon as the basis for reissue A statement that all errors being corrected in the reissue application arose without any deceptive intention…
Read MoreWhat is the process for correcting inventorship in a patent through reissue?
Correcting inventorship in a patent through reissue involves the following steps: Filing a reissue application with a reissue oath or declaration under 37 CFR 1.175. The oath or declaration must state that the applicant believes the original patent to be wholly or partly inoperative or invalid due to an error in inventorship. For applications filed…
Read MoreWhat are the requirements for a reissue oath or declaration in a broadening reissue application?
For a broadening reissue application, the reissue oath or declaration must meet specific requirements. According to MPEP 1410.01: “A broadening reissue application must be applied for by all of the inventors (patentees), that is, the original reissue oath or declaration must be signed by all of the inventors.” Additionally, the oath or declaration must: Identify…
Read MoreWhen can an assignee sign the reissue oath or declaration?
An assignee of the entire interest can sign the reissue oath or declaration in two specific scenarios: When the reissue application does not seek to enlarge the scope of the claims of the original patent. When the application for the original patent was filed under 37 CFR 1.46 by the assignee of the entire interest.…
Read MoreCan the assignee sign a reissue declaration, and under what circumstances?
Yes, the assignee can sign a reissue declaration under specific circumstances. According to MPEP 1414.01: “The assignee of 100% of the entire right, title and interest in the patent (who must be named as the reissue applicant) may sign the declaration if: The application does not seek to enlarge the scope of the claims in…
Read MoreCan a reissue application be used to correct inventorship?
Yes, a reissue application can be used to correct inventorship. The MPEP 201.05 states: ‘A reissue application may also be filed to correct inventorship in the patent. The reissue oath or declaration must state that the applicant believes the original patent to be wholly or partly inoperative or invalid by reason of the incorrect inventorship.’…
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