MPEP 1402 - Grounds for Filing скачать в хорошем качестве

MPEP 1402 - Grounds for Filing

MPEP 1400 - Correction of Patents (playlist, 40 videos)    • MPEP 1400 - Correction of Patents   Section Summary MPEP § 1402: “Grounds for Filing” explains that a reissue application may be filed when a patent is deemed wholly or partly inoperative or invalid due to an error that occurred in the preparation or prosecution of the original application. The section clarifies that such errors must be substantive, such as overly narrow or broad claims, inaccuracies in disclosure, or failures involving priority or benefit claims, rather than minor spelling or clerical mistakes, which are handled through certificates of correction. Common grounds for reissue include correcting claim scope, fixing errors in inventorship when other remedies are inadequate, and addressing failures to properly claim foreign or domestic priority rights. Substantive errors in drawings may also qualify, while non-substantive changes do not provide a standalone basis for reissue. Case law examples, including In re Tanaka, In re Wilder, Medrad v. Tyco, Ex parte Scudder, and Brenner v. State of Israel, illustrate how courts and the USPTO have interpreted correctable errors. However, certain actions, such as attempting to reverse strategic choices like filing a terminal disclaimer without common ownership, are not considered correctable errors under reissue statutes Illustration Explanation A reissue exists to correct substantive errors that render a patent partly inoperative or invalid—such as claiming too much or too little, inaccurate disclosure, missed or mistaken priority/benefit, inventorship or drawing errors—through a formal, rule-bound process rather than casual edits. Edition Referenced Manual of Patent Examining Procedure (MPEP) Ninth Edition, Revision 01.2024 Disclaimer This summary of the MPEP was generated using AI tools, including ChatGPT and NotebookLM, and may contain errors or omissions. It is provided for general educational and informational purposes only and is not legal advice or a substitute for formal instruction. For authoritative guidance, consult the official MPEP, a qualified instructor, or a registered patent practitioner. MPEP (Manual of Patent Examining Procedure) https://www.uspto.gov/web/offices/pac... Find a Patent Practitioner https://oedci.uspto.gov/OEDCI/ Creative Director Mike Sheppard