allowance, issue, reissue, supplemental examination

Question 1

reissue, 4 most common bases for filing a reissue

application (MPEP1402):

Answer 1

(A) the claims are too narrow or too broad;

(B) the disclosure in spec contains inaccuracies;

(C) applicant failed to or incorrectly claimed
foreign priority; and

(D) applicant failed to make reference to or
incorrectly made reference to prior copending
applications.

Question 2

certificate of correction, Mistakes made by PTO (no fee) and by applicant (with fee)

what could be done?

Answer 2

correct inventorship of patent, assignee’s name, other clerical or administrative errors, typos

Question 3

patent term adjustment work for patent filed after?

Answer 3

05.29.2000

Question 4

reissue, impermissible recapture

Answer 4

So there’s a patent need to be reissued.

In the original patent, there’s a limitation that was necessarily added in order to make the claim allowable over a rejection or objection.

Now in the reissue, if such limitation is omitted, or broadened, this is impermissible recapture!

Question 5

correct inventorship in

1. application: R1.48
2. patent: R1.324
3. reissue: R1.171 and R1.175
4. reexamination
5. interference at PTAB: R41.121

Answer 5

1. nonprovisional app:
   (a) submit ADS and fee,
   (b) OoD of added inventors, necessary substitute statement
   (c) removal of inventor due to removed claim need NO fee