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Chapter 1400: Correction of Patents


Summary

Rankings

Frequency

Training

Mind Map

Objectives

Key Terms

 

 

   Summary:

A reissue application may be filed to correct an error made without any deceptive intent in the original patent. In order to qualify for reissue, the patent must be deemed wholly or partly inoperative or invalid as a result of the error.

The most common reasons for filing a reissue include; too narrow or too broad of claims, inaccuracies in the disclosure, an incorrectly claimed foreign priority, or a failure to make reference to or an incorrectly made reference to prior copending applications. Reissues may not be filed for minor typing errors.

There are usually a few questions pertaining to reissue applications on the patent bar exam. Know the basics of reissue applications and at least familiarize yourself with the specifics, especially Certificates of correction. The PTO will most likely ask about foreign priority in reference to reissues, broadening claims in a reissue and how to handle amendments to reissues.

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   Chapter Ranking Chart:

Importance Ranking:
3-Stars
  
Volume of Material:
5-Stars
  
Complexity:
3-Stars
  
Overall Score:
3.7
  



   MPEP Section Frequency:
Key
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1402
   
1403
   
1410.01
   
1411
   
1411.01
   
1411.02
   
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1412.03
   
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1450
   
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   Patent Training Workshop Videos:

 


   Mindmap:


   Objectives
  • Learn when Certificates of correction should be used.
  • Become knowledgeable on the specifics involved with broadening claims.
  • Learn how to handle amendments in reissue applications.
  • Become familiar with the details of foreign priority in reference to reissue applications
  • Know the following laws and rules:

37 C.F.R. 1.171

Application for reissue.

37 C.F.R. 1.173

Reissue specification, drawings, and amendments.

37 C.F.R. 1.175

Reissue oath or declaration.

37 C.F.R. 1.178

Original patent; continuing duty of applicant.

37 C.F.R. 1.322

Certificate of correction of Office mistake.

37 C.F.R. 1.323

Certificate of correction of applicant's mistake.

35 U.S.C. 251

Reissue of defective patents.

35 U.S.C. 254

Certificate of correction of Patent and Trademark Office mistake.

35 U.S.C. 255

Certificate of correction of applicant’s mistake.

 


   Key Terms