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

Question 1

Re-Issue

Answer 1

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.

Question 2

Certificates of Correction

Answer 2

For Minor non-substantive matter.

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

**Otherwise re-issue

Question 3

Disclaimer

Answer 3

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

Question 4

How do you disclaim a portion of any patent?

Answer 4

Terminal Disclaimer

**Not individual claims of a patent.

Question 5

What is a reissue?

Answer 5

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

Question 6

Grounds for Reissue

Answer 6

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
3. To make claim for priority
   OR
4. That the applicant failed to make proper reference to copending applications.

Question 7

Limits for Reissue

Answer 7

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

Question 8

How to seek broader claims?

Answer 8

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

Question 9

Assembling a Reissue

Answer 9

Use copy.

Additions underlined

Redactions bracketed.

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

Question 10

Filing Fee for Reissue

Answer 10

Calculated the same way.

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

Question 11

What must you show when you make an amendment?

Answer 11

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

Question 12

Contents of Reissue

Answer 12

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

Question 13

What if you forget to file anything claiming priority?

Answer 13

File an Reissue.