M.P.E.P. 1400 Correction of Patents Flashcards Preview

Patent Bar > M.P.E.P. 1400 Correction of Patents > Flashcards

Flashcards in M.P.E.P. 1400 Correction of Patents Deck (13)
1

Re-Issue

A patent which is deemed (incorrectly but in good faith) by the owner to be wholly or partially inoperative or invalid may be reissued.

Must be:
1. Unintentional
AND
2. Without deceptive intent.

2

Certificates of Correction

For Minor non-substantive matter.

Corrects failure to claim priority provided proper claim was made in a parent application.

**Otherwise re-issue

3

Disclaimer

Think of as a pair of scissors (cut out claim/drawing/specification/combination)

4

How do you disclaim a portion of any patent?

Terminal Disclaimer

**Not individual claims of a patent.

5

What is a reissue?

This property is wholly or partly defective and I don't want it anymore.

6

Grounds for Reissue

1. Claims are too broad or too narrow
2. That the disclosures contain inaccuracies
3, That the applicant failed to perfect a claim for priority
4. To make claim for priority
OR
5. That the applicant failed to make proper reference to copending applications.

7

Limits for Reissue

- No new matter
- Only patent owner can seek a reissue.

8

How to seek broader claims?

If the reissue seeks broader claims, it must be filed within 2 years of the issue date of the patent.

9

Assembling a Reissue

Use copy.

Additions underlined

Redactions bracketed.

**Any disclosures, reexam certificates, or certificates of correction must also be provided.

10

Filing Fee for Reissue

Calculated the same way.

Filing, Search, Examination, Page count, Extra Claims, MDC, etc.

11

What must you show when you make an amendment?

Everything you have changed, all the way back to the original.

12

Contents of Reissue

1. Offer to surrender
2. Written consent of the assignee to the reissue if the original inventors signed dec or oath.
3. Copy of specs and claims
4. Fee
AND
5. Oath.
6. New Drawings

**File an IDS

13

What if you forget to file anything claiming priority?

File an Reissue.