What is the process for designating claims for printing in the Official Gazette for reissue patents?
The process for designating claims for printing in the Official Gazette for reissue patents involves specific guidelines: At least one claim must be designated for printing If claims have been amended or added, the designated claim must include a change or addition Canceled claims cannot be designated for printing If there are no changes to…
Read MoreCan new matter be introduced in a reissue application?
No, new matter cannot be introduced in a reissue application. This is explicitly stated in 35 U.S.C. 251(a): “No new matter shall be introduced into the application for reissue.” This means that the reissue application must be based on the invention disclosed in the original patent. You can’t add new inventive concepts or expand the…
Read MoreCan intervening rights apply to a reissue patent?
Can intervening rights apply to a reissue patent? Yes, intervening rights can apply to a reissue patent. The concept of intervening rights is designed to protect parties who may have relied on the claims of the original patent before it was reissued. There are two types of intervening rights: Absolute intervening rights: These allow continued…
Read MoreWhat happens to foreign priority information when a patent is reissued?
When a patent is reissued, the foreign priority information from the original patent is not automatically carried forward to the reissue patent. This is an important point for both applicants and examiners to note. According to MPEP 1417: “The examiner should note that foreign priority information on the front page of the patent will not…
Read MoreWhat changes were made to the reissue process by the America Invents Act?
The America Invents Act (AIA) made a significant change to the reissue process. As stated in the MPEP: “Effective September 16, 2012, Public Law 112-29, sec. 20, 125 Stat. 284 (Leahy-Smith America Invents Act (AIA)), amended 35 U.S.C. 251 to eliminate the ‘without deceptive intention’ clause.” This change means that for reissue applications filed on…
Read MoreCan a juristic entity be an applicant for a patent application?
Can a juristic entity be an applicant for a patent application? No, a juristic entity cannot be an applicant for a patent application filed on or after September 16, 2012. The MPEP 605 clearly states: ‘A juristic entity (e.g., organizational assignee) cannot be named as the applicant for a patent application.’ This means that only…
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