Comments on: Q) Reissue/Filing Amendment http://mypatentbar.com/2008/08/19/q-reissuefiling-amendment/ Patent Bar Review and Study Guide Tue, 22 May 2012 00:33:43 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: GDB http://mypatentbar.com/2008/08/19/q-reissuefiling-amendment/#comment-38888 GDB Thu, 19 Apr 2012 23:04:26 +0000 http://patentbar.wordpress.com/?p=643#comment-38888 Question about certificate of correction filed after issue and now you want to file a reissue app. Must include everything in Certificate “without using underlining or brackets’. 19/04/12 Question about certificate of correction filed after issue and now you want to file a reissue app. Must include everything in Certificate “without using underlining or brackets’.
19/04/12

]]> By: fengyuwuzu http://mypatentbar.com/2008/08/19/q-reissuefiling-amendment/#comment-17238 fengyuwuzu Mon, 10 Oct 2011 17:07:09 +0000 http://patentbar.wordpress.com/?p=643#comment-17238 1453 IV, says: If there was a prior change to the patent (made via a prior concluded reexamination certificate, reissue of the patent, certificate of correction, etc.), the first amendment of the subject reissue application must be made relative to the patent specification as changed by the prior proceeding or other mechanism for changing the patent. All amendments subsequent to the first amendment must also be made relative to the patent specification in effect as of the date of the filing of the reissue application, and not relative to the prior amendment. 1453 IV, says:
If there was a prior change to the patent (made via a prior concluded reexamination certificate, reissue of the patent, certificate of correction, etc.), the first amendment of the subject reissue application must be made relative to the patent specification as changed by the prior proceeding or other mechanism for changing the patent. All amendments subsequent to the first amendment must also be made relative to the patent specification in effect as of the date of the filing of the reissue application, and not relative to the prior amendment.

]]> By: Sophie http://mypatentbar.com/2008/08/19/q-reissuefiling-amendment/#comment-7391 Sophie Thu, 10 Feb 2011 02:14:48 +0000 http://patentbar.wordpress.com/?p=643#comment-7391 Bill: For a reissue application, the answer should state that a clean copy should be submitted. The answer would probably include the language "without bracketing or underlining." Bill: For a reissue application, the answer should state that a clean copy should be submitted. The answer would probably include the language “without bracketing or underlining.”

]]> By: Bill http://mypatentbar.com/2008/08/19/q-reissuefiling-amendment/#comment-7359 Bill Wed, 09 Feb 2011 05:06:19 +0000 http://patentbar.wordpress.com/?p=643#comment-7359 Alex, so which one is correct? Submit a clean copy? Alex, so which one is correct? Submit a clean copy?

]]> By: Alex http://mypatentbar.com/2008/08/19/q-reissuefiling-amendment/#comment-3350 Alex Mon, 02 Aug 2010 21:57:44 +0000 http://patentbar.wordpress.com/?p=643#comment-3350 I had this question on my exam. Essentially the question stated that a patent had issued, but there were two errors, one was a typo that was possible to correct by a CoC, and the second was the defect in the claims (failed to appreciated the scope of the invention). The CoC was filed and accepted first before the reissue was filed. Should the changed in the CoC be incorporated into the reissue application? (should you submit a clean copy or one in which the CoC corrections are underlined or bracketed) I had this question on my exam. Essentially the question stated that a patent had issued, but there were two errors, one was a typo that was possible to correct by a CoC, and the second was the defect in the claims (failed to appreciated the scope of the invention). The CoC was filed and accepted first before the reissue was filed. Should the changed in the CoC be incorporated into the reissue application?

(should you submit a clean copy or one in which the CoC corrections are underlined or bracketed)

]]> By: darth http://mypatentbar.com/2008/08/19/q-reissuefiling-amendment/#comment-3116 darth Wed, 21 Jul 2010 19:44:35 +0000 http://patentbar.wordpress.com/?p=643#comment-3116 I had this question but I don't remember anything about a preliminary amendment. It was basically you had a CoC that was properly filed after issue and now you want to file a reissue app. The answer I chose had to do with the above section "without using underlining or brackets'. I had this question but I don’t remember anything about a preliminary amendment. It was basically you had a CoC that was properly filed after issue and now you want to file a reissue app. The answer I chose had to do with the above section “without using underlining or brackets’.

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