When is a supplemental reissue oath or declaration required in a reissue application?
The requirement for a supplemental reissue oath or declaration depends on the filing date of the reissue application: For applications filed on or after September 16, 2012: A supplemental oath or declaration is not required if additional defects or errors are corrected after the initial filing For applications filed before September 16, 2012: A supplemental…
Read MoreWhat are the requirements for a supplemental oath or declaration in a reissue application filed before September 16, 2012?
For reissue applications filed before September 16, 2012, a supplemental oath or declaration may be required under certain circumstances: For errors corrected that are not covered by the original oath or declaration, a supplemental oath or declaration must state that every such error arose without any deceptive intention on the part of the applicant. The…
Read MoreWhat is the role of a supplemental oath or declaration in a reissue application?
A supplemental oath or declaration in a reissue application serves to address any deficiencies or changes that occur during the prosecution of the reissue application. According to MPEP 1414.01: “Where the specification and claims of a reissue application have been amended, a supplemental reissue oath/declaration may be required, unless the amendments are only to correct…
Read MoreWhat are the requirements for supplemental reissue oaths or declarations?
Supplemental reissue oaths or declarations may be required in certain circumstances during the reissue application process. According to MPEP 1414: “A supplemental reissue oath or declaration must be filed in a reissue application to correct any deficiencies or errors in the initial reissue oath or declaration.” Requirements for supplemental reissue oaths or declarations include: Identifying…
Read MoreWhat happens if new errors are discovered after filing a reissue application before September 16, 2012?
If new errors are discovered after filing a reissue application before September 16, 2012, they can still be corrected within the same reissue application. According to MPEP 1414.02: “Where applicant seeks to correct errors in more than one of the original drawing, specification and claims, and remarks that those errors collectively render the original patent…
Read MoreIs there a deadline for filing supplemental oaths or declarations after allowance?
The MPEP section 603.01 does not specify a deadline for filing supplemental oaths or declarations after allowance. It states: “Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.” This suggests that applicants have the right to file these documents at any time after allowance.…
Read MoreWhat if an inventor lacks firsthand knowledge of whether the invention involved work under contract with the Atomic Energy Commission or NASA?
If an applicant does not have firsthand knowledge of whether the invention involved work under any contract or arrangement with the Atomic Energy Commission or NASA, but includes such information derived from others: The applicant’s statement should identify the source of this information, or The applicant’s statement could be accompanied by a supplemental declaration or…
Read MoreHow are supplemental oaths or declarations processed after allowance?
When supplemental oaths or declarations are received after allowance, they are processed as follows: They are placed in the file by the Office of Data Management. Their receipt is not acknowledged to the party filing them. They are not filed or considered as amendments under 37 CFR 1.312. The MPEP clarifies: “When received they will…
Read MoreWhat is the purpose of filing a supplemental oath or declaration after allowance?
The purpose of filing a supplemental oath or declaration after allowance is to cover the claims in the application as they stand at the time of allowance. While the MPEP section 603.01 doesn’t explicitly state the purpose, it implies that these documents are filed to ensure that all claims are properly supported by an oath…
Read MoreCan a supplemental oath or declaration be filed after allowance of a patent application?
Yes, supplemental oaths and declarations covering the claims in a patent application can be filed after allowance. The Manual of Patent Examining Procedure (MPEP) states: “Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.” This means that applicants have the right to submit additional…
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