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   Reexamination ,Reissue question, please help
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Estella Estella
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Reexamination ,Reissue question, please help
« on: Mar 18th, 2007, 3:19pm »
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Hi, I was wondering what reexamination and reissue applications are.
 
I know that reissue applications have to be filed during the first 2 years of the application, but what is a reissue application? If someone can answer the questions and direct me to the correct MPEP section, I would greatly appreciate it.
 
Reexamination application is having a third party or the inventor submitting prior art for an examiner to examine the validity of the patent. Can someone explain in more detail what reexamination is?
 
Regarding broadening and narrowing patents, does broadening or narrowing claims of a patent apply to patents for reissue? Please explain the reason or use for broadening or narrowing claims of an already allowed patent application.
 
What is a "Notice of Allowance"? Is that when an application has been accepted by the USPTO for examination or when a patent application has been allowed to mature into a patent?
 
What does it mean by "a patent application has been issued"?
 
Sorry for all the questions, Ive been studying the MPEP and im really confused with a lot of the terminiology and the bad explainations in the MPEP.
 
Many thanks for helping
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plex
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Re: Reexamination ,Reissue question, please help
« Reply #1 on: Mar 18th, 2007, 5:10pm »
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Mmm, I'll answer a few of them:
 
Notice of allowance: When the patent examiner accepts the claims in a patent application, including any changes made during the examining process, and the patent application is now ready to be issued. Prosecution, for the most part, is closed after a notice of allowance.  
 
An application has been issued when it becomes a patent, it is the issuance date of patent and is the date when a patentee gains the full power to exclude others from using their patented idea in any form.
 
The other questions are honestly quite large and broad. I can tell you that a patent cannot be broadened, unless you are broadening the information in one part of the patent from information disclosed in another area, unless you are doing a Continuation-In-Part, which doesn't allow you to claim an earlier filing date anyways on the broadened information. This is all because, new matter (if I could make this red, I would, its very bad) cannot ever, in any circumstance, be added to a patent application.
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Isaac
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Re: Reexamination ,Reissue question, please help
« Reply #2 on: Mar 18th, 2007, 6:34pm »
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In a reissue or a reexam, prosecution is reopened after prosecution is closed.  
 
Edit:
This should have said "reopened after a patent issues"
 
A reissue is used to correct claiming more than or less than an inventor was entitled to due to an error. If an element of a claim is made more broad, the reissue is a broadening reissue. A broadening reissue must be initiated within 2 years of when the patent was issued.
 
A reissue cannot add new matter and cannot recapture ground given up during prosecution.
 
See 35 USC 251 and 252. 37 CFR 1.171-1.176
 
« Last Edit: Mar 19th, 2007, 6:32pm by Isaac » IP Logged

Isaac
plex
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Re: Reexamination ,Reissue question, please help
« Reply #3 on: Mar 18th, 2007, 7:32pm »
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Ground given up is called estoppal, usually it is referred to as (blank) estoppal, the (blank) referring to wherever the estoppal occurred, for instance, reissue estoppal.
 
Thanks for the help Isaac, I'd just read about re-exam and re-issue studying for the test with PRG and hadn't really processed it to the point where I could state it in a simple sentence or two  Undecided.
« Last Edit: Mar 18th, 2007, 7:35pm by plex » IP Logged
asdfg
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Re: Reexamination ,Reissue question, please help
« Reply #4 on: Mar 26th, 2007, 7:40pm »
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1402 Grounds for Filing
 
The most common bases for filing a reissue application are:
 
(A) the claims are too narrow or too broad;
 
(B) the disclosure contains inaccuracies;
 
(C) applicant failed to or incorrectly claimed foreign priority; and
 
(D) applicant failed to make reference to or incorrectly made reference to prior copending applications.
 
1417: A "claim" for the benefit of an earlier filing date in a foreign country under  35 U.S.C. 119(a)-(d) must be made in a reissue application, even though such a claim was previously made in the application for the original patent to be reissued.
In a situation where it is necessary to submit for the first time both the claim for priority and the certified copy of the priority document in the reissue application and the patent to be reissued resulted from a utility or plant application filed on or after November 29, 2000, the reissue applicant will have to file a petition for an unintentionally delayed priority claim under 37 CFR  1.55(c) in addition to filing a reissue application
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