MPEP 1400 Flashcards
Correction of Patents
MPEP 1400
Correction of Patents, covers:
Certificates of Correction,
Disclaimer, and
Reissue
Certificates of Correction cover:
tiny stuff, typos and clerical/printing errors, and
CANNOT be used for substantive errors
inventorship ONLY after issue
The goal of requesting reissue is to:
declare original patent terminally flawed, and seek new reissue
Grounds for reissue:
Claims are too broad or narrow,
Disclosure contains inaccuracies,
Improper priority claim,
Improper references to other apps
A reissue requested within 2 years of issue may:
Broaden claims, among other corrections
Disclaimer covers:
Surgery to published patent:
cuts out, “gives up” or “disclaims”, one or more claims, in whole or part
Terminal Disclaimers are used to:
Give up remaining term of patent
Overcome obviousness-type double-patenting rejections
Proper reissue editorial markup is:
additions are underlined, and
deletions are single-square [bracketed]
Inventorship ____ be corrected after issue by submitting a ________ and ________ and statements by _______ that is correct and uncontested
may;
Certificate of Correction;
fee;
all inventors and assignees that it’s uncontested
A broadening reissue claim must be filed within:
two years from the grant of the original patent.
A reissue application does not require a ______
or ____________
to be granted a filing date.
oath/dec,
the filing fee
Recapture Doctrine:
A reissue will not be granted to “recapture” claimed
subject matter which was surrendered in an
application to obtain the original patent
MPEP 1412.02
A reissue will not be granted to ________ claimed
subject matter which was ________ in an
application to obtain the original patent
Recapture
Surrender
“Recapture Doctrine”
