1400 - Correction of patents: certificates of correction, reissues, and reexaminations

Question 1

What is a reissue Application?

Answer 1

Patent but be declared by owner in good faith to be invalid, may be resissued.

Reissue apps are filed with corrections to the errors and will be reexamined like a new app (e.g., claims can be rejected on new grounds)

Question 2

What paperwork is necessary for a reissue application?

Answer 2

Oath/Declaration

• If claims are broaded, O/D from all inventors is required + assent of assignee
• If claims aren’t broadened, O/D only needed from assignee.
• Must state that original patent is inoperative/whatever, stating at least one error.

Must offer to surrender the earlier patent.

Must give Statement evidencing ownership

Question 3

Can reissue applications be abandoned?

Answer 3

yes

Question 4

How do the term of the patent and the maintenance fee schedules change with filing a reissue application?

Answer 4

They do not change.

Question 5

What parties can pursue a reissue application?

Answer 5

only the patent owner

Question 6

What is the time constraint on pursuing broader claims in a reissue application?

Answer 6

Only within 2 years of the issue date for the parent.

Question 7

How do you show changes from the original patent in a reissue application?

Answer 7

Underline and bracket all changes, and include all necessary certificates/disclosures such that all changes from the original patent are shown.

Question 8

How do reissue applications impact foreign priority?

Answer 8

You must remake claims for foreign priority.

Question 9

Are extensions available for reissue applications?

Answer 9

Yes, automatic extensions are available

Question 10

How do reissue applications impact drawings from the parent patent?

Answer 10

New drawings are required; drawings from the parent application/patent do not transfer to the reissue.