What additional requirements exist for reissue applications seeking to broaden claims?
For reissue applications filed on or after September 16, 2012, that seek to broaden the scope of the patent claims, there are additional requirements for the reissue oath or declaration. The MPEP 1414 states: “For an application filed on or after September 16, 2012 that seeks to enlarge the scope of the claims of the…
Read MoreHow does the filing date affect the content of a reissue oath/declaration?
The content requirements for a reissue oath/declaration can vary based on the filing date of the reissue application. The MPEP 1414 states: “Much of the required content of a reissue oath or declaration will differ based on the filing date of the reissue application.” Specifically: For reissue applications filed on or after September 16, 2012,…
Read MoreHow does the reissue oath/declaration differ for broadening vs. narrowing reissues?
The reissue oath/declaration requirements differ slightly for broadening and narrowing reissues. According to MPEP 1414: “For broadening reissue applications, the reissue oath/declaration must identify a claim that the application seeks to broaden. A general statement, e.g., that all claims are broadened, is not sufficient to satisfy this requirement.” For broadening reissues: Identify at least one…
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