How do terminal disclaimers affect reissue patents?
How do terminal disclaimers affect reissue patents? Terminal disclaimers filed for the original patent continue to apply to reissue patents. According to MPEP 1405: “Any terminal disclaimer filed in the original patent carries over to the reissue. This is because the reissue patent is for the same invention as that of the original patent and…
Read MoreWhat are the time limitations for applying for a reissue patent?
There is a specific time limitation for reissue applications that seek to enlarge the scope of the original patent’s claims. According to 35 U.S.C. 251(d): “No reissued patent shall be granted enlarging the scope of the claims of the original patent unless applied for within two years from the grant of the original patent.” This…
Read MoreCan a patent owner request a reissue to extend the patent term?
Can a patent owner request a reissue to extend the patent term? No, a patent owner cannot use the reissue process to extend the patent term. The MPEP 1405 clearly states: “The maximum term of the original patent is fixed at the time the patent is granted. While the term may be subsequently shortened, e.g.,…
Read MoreWhat is the issue fee for a reissue patent?
The issue fee for a reissue patent is set by the USPTO and is subject to change. According to the MPEP: “The issue fee for issuing each reissue patent is set forth in 37 CFR 1.18(a).” To find the current issue fee for a reissue patent, you should refer to the latest fee schedule published…
Read MoreHow does a reissue patent affect the enforceability of the original patent?
How does a reissue patent affect the enforceability of the original patent? A reissue patent affects the enforceability of the original patent in the following ways: The original patent becomes unenforceable once the reissue patent is granted. The reissue patent is enforceable from its issue date. Claims from the original patent that are not included…
Read MoreHow are claims numbered in a reissue patent?
Claim numbering in a reissue patent follows specific rules: Original patent claims are not renumbered, even if dependencies change All original patent claims appear in the reissue, with canceled claims in brackets New claims added during prosecution follow the highest numbered patent claim New claims are completely underlined to indicate they will be printed in…
Read MoreHow are changes to the original patent shown in a reissue patent?
Changes to the original patent are shown in a specific manner in reissue patents: Material omitted from the original patent is enclosed in heavy brackets [ ] Material added by the reissue is printed in italics As stated in the MPEP: “Matter enclosed in heavy brackets [ ] appears in the original patent but forms…
Read MoreWho can apply for a reissue patent?
According to 35 U.S.C. 251(c), the following parties can apply for a reissue patent: “The provisions of this title relating to applications for patent shall be applicable to applications for reissue of a patent, except that application for reissue may be made and sworn to by the assignee of the entire interest if the application…
Read MoreWhat happens to pending litigation when a patent is reissued?
What happens to pending litigation when a patent is reissued? When a patent is reissued while litigation is pending, the following typically occurs: The original patent is surrendered and can no longer be enforced. Pending litigation based on the original patent must be dismissed or amended. New litigation may be filed based on the reissue…
Read MoreWhat happens to the original patent when a reissue patent is granted?
When a reissue patent is granted, the original patent is surrendered. This is mandated by 35 U.S.C. 252, which states: “The surrender of the original patent shall take effect upon the issue of the reissued patent.” After the reissue is granted, the original patent ceases to exist, and the patentee’s rights are solely based on…
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