How does the “without deceptive intention” requirement apply to reissue applications filed before September 16, 2012?
For reissue applications filed before September 16, 2012, the applicant must include a statement in the reissue oath or declaration that all errors being corrected arose without any deceptive intention. The MPEP provides a suggested statement to satisfy this requirement: “All errors corrected in the present reissue application up to the time of signing of…
Read MoreWhat is the “without deceptive intention” requirement for inventorship correction in reissue applications?
The “without deceptive intention” requirement is a crucial aspect of correcting inventorship through a reissue application. As stated in MPEP 1412.04: “Where one or more inventors are being added, it must be demonstrated that the error in inventorship occurred ‘without any deceptive intention’ on the part of the inventor being added.” This requirement means that…
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