Comments on: Correction of Patents (MPEP 1400)

By: soonaa

soonaa — Mon, 01 Aug 2011 01:41:42 +0000

Does anyone know if you can use the certificate of mailing and/or fax/certificate of transmission for reissue apps?

By: littleyellowduck

littleyellowduck — Sat, 09 Jul 2011 20:49:16 +0000

To correct inventorship of issued patent:

reissue: change from sole inventor A to sole inventor B

Certificate of correction: add or delete an inventor.

By: Lost

Lost — Tue, 08 Mar 2011 08:59:22 +0000

What happens if the applicant doesn’t pay the issue fee for the re-issue patent (i.e. not happy with the results of the new prosecution and decides to abandon the re-issue patent)? Is the original patent still valid in this case?

By: S

Wed, 17 Mar 2010 13:30:12 +0000

I looked through the entire 1412.03 and 35 USC 251, couldn’t find about chaining and 18 months. I thought I missed it, can somebody clarify this, pl?

Thanks in advance.

By: CatDaVincy

CatDaVincy — Fri, 17 Jul 2009 03:38:16 +0000

agree
couldn’t find anything in 35 U.S.C. 251 either
not only about 18 months but about “chaining” in general (

By: Aug25/2008

Aug25/2008 — Thu, 27 Nov 2008 22:25:11 +0000

Its confusing the way 1412.03 is summarized above:

1412.03: Steps for rejecting recapture claims:

1. 35 U.S.C. 251: Remember: There is a 2 year limit from the original issue on the time to make a reissue app if it is going to broaden claims. However, reissue apps can be chained together as long as they are all broadening so: Original app + 18 month for 1st broadening reissue app + 18 months for 2nd broadening reissue app is allowable even though the final reissue app is > 2 years after the original issuance date.

The MPEP states it as 2 years, not 18 months… Am I missing anything?

By: Aug25/2008

Aug25/2008 — Mon, 24 Nov 2008 05:43:06 +0000

Regarding 1453: Amending Reissue Apps: (see 37 CFR 1.173(b)-(g); 37 CFR 1.121(i)):

When omitting, [put omitted material in brackets]; Why no strikethrough? Probably because the strikethroughs are preserved from the original patent? or some other reason?

Maybe its because for reissue the marked-up version is published and strikethrough is a little more difficult to read? At least that makes sense to me and will help me remember…