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 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 MoreHow do I correct an error in an oath or declaration?
If you need to correct an error in an oath or declaration, the process depends on the nature of the error and when it’s discovered. According to MPEP 602: For minor typographical errors, you can submit a supplemental oath or declaration pointing out the error in the original. If the error is substantial, a new…
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 MoreCan new matter be introduced in a supplemental oath or declaration?
No, new matter cannot be introduced into a nonprovisional application through a supplemental oath or declaration. This is explicitly stated in MPEP 603: 37 CFR 1.67(d) contains the provision of former 37 CFR 1.67(b) that no new matter may be introduced into a nonprovisional application after its filing date even if an inventor’s oath 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…
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