Thesis correction certificate

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Thesis correction certificate

These are filed to correct errors in the patent that was published. Claims were too narrow or too broad The disclosure had innacuracies Applicant failed to or incorrectly claimed foreign priority Applicant failed to or incorrectly made reference to a prior copending application like in a CIP, Divisional, or CPA situation.

A reissue does not work if the patent does not properly claim priority over a prior PA 35 U. If the later app was filed on or after Usually if filed within 2 years of issue the Reissue request is not considered late or non-diligent due to delay.

Prior to the 2 year limit, reissue apps that are seeking to broaden the scope of claims will not be rejected merely for not having been filed diligently examiner will not reject on those grounds.

Thesis correction certificate

After 2 years, reissue apps are Thesis correction certificate allowed to broaden claims although other types of reissue apps could occur.

This is still not extending the term of the app from its original length. What goes into a Reissue App: Just retyping the spec is not enough, a true copy A special reissue oath or declaration; it must comply with 37 CFR 1.

If the patent has been assigned, the reissue app must also have the consent of the assignee.

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How to actually amend the reissue app to correct errors: By providing a separate amendment paper along with the app.

Also, the reissue app must be for the same general invention. However, remember that the court will look at the original disclosure as a whole, so this means that the reissue could contain claims over subject matter that was not claimed in the original patent.

As long as the original subject matter supports the new claim with no need for new subject matter then a new claim can be allowed in the reissue app too. More on Reissue Including when broadening claims is allowed There are 3 steps for this test: Are the reissue claims actually broader than the original patent, and if so how are they broader?

Do the broadened claims actually relate to subject matter that was previously surrendered. Did the original app actually have surrendered material, this can come from amended claims, earlier rejection reasons, arguments the applicant made, anything in the record showing how the patent was narrowed.

Finally, if the claims were materially narrowed in other ways to avoid recapture they should not be denied, but if they were not narrowed enough, the reissue claims should be rejected. No do-overs on trying to get broad claims Also, look for omissions of limitations that were necessary for overcoming prior art.

The reissue claims cannot omit limitations after the patent is granted if they were necessary the first time. Steps for rejecting recapture claims: 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: Correcting the Inventorship via Reissue: While it is allowable to correct inventorship via reissue, it is preferable to simply use a certificate of correction to fix errors.

The certificate can be used if: However, if other changes need to be made or there is a contention over inventorship, reissue may work:Chapter Fixing Mistakes in Already Issued Patents: (See 35 U.S.C. ) Certificates of Correction.

A certificate of correction is a mechanism to correct minor, non-substantive inconsistencies between the application as prosecuted and the patent ultimately issued (clerical corrections).

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Thesis correction certificate

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