Can an assignee of a part interest alone file a reissue application?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, an assignee of a part interest alone cannot file a reissue application. According to MPEP 1410 , a reissue application must be applied for by all of the inventors, unless the application is accompanied by a petition under 37 CFR 1.182 for waiver of the requirement. Alternatively, the assignee of the entire interest can file the reissue application. An assignee of only a part interest is not entitled to file a reissue application on his or her own. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Assignee of Entire Interest Can File Application MPEP 106 Permitted Contents of a Reissue Application Must Include Entire Specification and Drawings MPEP 1410 Initial Contents of Reissue Application Must Be Detailed MPEP 1410 Parts of Reissue Application Must Comply with Original Patent Rules MPEP 1410 Required Amendment of Reissue Application Must Follow Specific Paragraph MPEP 1410 Required Petition for Waiver of Clean Typed Specification Requirement MPEP 1410 Permitted Reissue Application Must Comply with Sequence Rules MPEP 1410 Required Reissue Application Must Include PTO/AIA/50 MPEP 1410 Recommended Claim for Priority/Benefit Must Be Filed in Reissue Application MPEP 1410 Required Reissue Applications May Be Filed Electronically MPEP 1410 Permitted Other Related FAQs 5 FAQs Collapse What happens if an assignee of a part interest refuses to join in an application for reissue? What is the significance of 37 CFR 1.46 in patent application prosecution? How does the America Invents Act (AIA) affect assignee rights in patent applications? Can an assignee of a part interest in a patent application prevent other parties from accessing the application? What are the diff...