MPEP 1400

Question 1

Certificate of Corrections

Answer 1

MPEP 1480

For non-substantive issues

<ex> typos, printing erros
</ex>

Question 2

Request to Correct Inventorship

Answer 2

37 CFR 1.48

Question 3

Disclaimer

Answer 3

MPEP 1490

renunciation of one or more claims in a patent.

must declare that patent has one or more claims which are invalid without deceptive intent

payment of fee

All must be in writing and recorded at the Patent Office

Question 4

Terminal Disclaimer

Answer 4

affects all claims of the patent (think term of patent) in which the terminal portion can be given up.

used to overcome obvious-type double patenting rejections

Question 5

Reissues

Answer 5

MPEP 1401

i. Limited to patent owner
ii. Any Prior art can be considered
iii. Broadening Claims allowed in first two years
iv. Automatic Extensions
v. Mistake is Required

General Idea: Patent Dies and can be revived under reexamination

Question 6

Narrowing vs Broadening Claims

Answer 6

Broadening:
i. Must be done within 2 years of issue date. Involves Inventor

Narrowing
i. can file any time after issuance

NOTE: cannot recapture any matter previously cancelled

Question 7

Assembling

Answer 7

MPEP 1411

1. Using copy of original patent one side per page
2. Additions must be underlined
3. Deletions must be single square [bracketed]
   (MPEP 1453)
4. Disclosures, re-exam certificates, or certificates of correction must be included
5. Claims not renumbered

Question 8

Contents of Reissue

Answer 8

MPEP 1410

1. Offer to Surrender
2. Written Consent of Assignee to reissue if the original inventors signed the declaration.
3. Copy of Specification and Claims of original patent with material being amended with proper notation
4. Fee
   (same as utility patent, each independent claim in addition to the independent claims in parent requires a free)
5. Reissue oath signed and sworn by all inventors or substitute statement

Question 9

Oath or Declaration

Answer 9

Declaration that applicant believed the original patent:

i. not be wholly or partially inoperative or invalid by reason of defectiveness; or

ii. claiming more or less; and

iii. stating that at LEAST ONE error as the basis for reissue

Question 10

Amendments

Answer 10

1, Made to the Specification or claims after filing by submitting the description or entire claim with all matter deleted being bracketed and matter added underlines

• Additions/Deletions must encompass changes made in the text of original patent

2. Claim for priority must be made in reissue application if a proper claim was made in the original application (certified copy of foreign application needed for foreign priority)

Question 11

Accesibility to Public

Answer 11

Reissue files are available to public when it is pending

Question 12

Restriction in Reissue

Answer 12

i. PTO cannot restrict in a reissue application as to originally claimed subject matter

ii. if applicant introduces new matter, PTO can restrict from the originally claimed matter

Question 13

Reissue and Continuations

Answer 13

i. Reissue is an application and can be filed under 54(b) or 53 (d)