How 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…
Read MoreWhat 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…
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