Form Paragraphs 14.01 - 14.38 | Midpage

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Manual of Patent Examining Procedure (MPEP)

Chapter Form-Paragraph

Form-Paragraph-Chapter-1400

Form Paragraphs 14.01 - 14.38

United States Patent and Trademark Office

fp14.01Reissue Application, Applicable Laws and Rules Heading fp14.01.01Defective Reissue Oath/Declaration, 37 CFR 1.175 - No Statement of a Specific Error fp14.01.02Defective Reissue Oath/Declaration, 37 CFR 1.175 - The Identified "Error" Is Not Appropriate Error fp14.01.03Defective Reissue Oath/Declaration, 37 CFR 1.175 - Multiple Identified "Errors" Not Appropriate Errors fp14.01.04Defective Reissue Oath/Declaration in Application Filed Before Sept. 16, 2012, 37 CFR 1.175- Lack of Statement of "Without Any Deceptive Intention"fp14.01.05Defective Reissue Oath/Declaration, 37 CFR 1.175 - No Statement of Defect in the Patent fp14.01.06Defective Reissue Oath/Declaration, 37 CFR 1.175 - General fp14.05.02.ftiSupplemental Oath or Declaration Required Prior to Allowance - Application Filed Before Sept. 16, 2012 fp14.06Litigation-Related Reissue fp14.07Action in Reissue Not Stayed or Suspended — Related Litigation Stayed fp14.08Action in Reissue Not Stayed — Related Litigation Terminated fp14.09Action in Reissue Not Stayed — Related Litigation Not Overlapping fp14.10Action in Reissue Not Stayed — Applicant’s Request fp14.11Action in Reissue Stayed - Related Litigation fp14.11.01Reminder of Duties Imposed by 37 CFR 1.178(b) and 37 CFR 1.56 fp14.12Rejection, 35 U.S.C. 251, Broadened Claims After Two Years fp14.13Rejection, 35 U.S.C. 251, Broadened Claims Filed by Assignee fp14.14Rejection, Defective Reissue Oath or Declaration fp14.15Consent of Assignee to Reissue Lacking fp14.16Failure of Assignee To Establish Ownership fp14.16.01Establishment of Ownership Not Signed by Appropriate Party fp14.16.02Failure To State Capacity To Sign fp14.16.03Lack of Capacity To Sign fp14.16.04.ftiAttorney/Agent of Record Signs - Application Filed Before Sept. 16, 2012 fp14.16.06Criteria To Accept When Signed by a Non-Recognized Officer fp14.17Rejection, 35 U.S.C. 251, Recapture fp14.20.01Amendments To Reissue-37 CFR 1.173(b)fp14.21.01Improper Amendment To Reissue - 37 CFR 1.173(b)fp14.21.09.ftiRejection, Pre-AIA 35 U.S.C. 251, No Error Without Deceptive Intention - Application filed Before Sept. 16, 2012, External Knowledge fp14.22.ftiRejection, Pre-AIA 35 U.S.C. 251, No Error Without Deceptive Intention — Application filed Before Sept. 16, 2012, Evidence in the Application fp14.22.01Rejection, 35 U.S.C. 251, New Matter fp14.23Terminal Disclaimer Proper fp14.23.01Terminal Disclaimer Proper (Reexamination Only)fp14.24Terminal Disclaimer Not Proper - Introductory Paragraph fp14.25Terminal Disclaimer Not Proper - Introductory Paragraph (Reexamination Only)fp14.26Does Not Comply With 37 CFR 1.321 "Sub-Heading" Only fp14.26.01Extent of Interest Not Stated fp14.26.02Directed to Particular Claim(s)fp14.26.03Not Signed fp14.26.04Application/Patent Not Identified fp14.26.05Application/Patent Improperly Identified fp14.26.06.ftiNot Signed by All Owners - Application Filed Before Sept. 16, 2012 fp14.26.07No Disclaimer Fee Submitted fp14.26.08Terminal Disclaimer Not Properly Signed - Application Filed On or After Sept. 16, 2012 fp14.26.09Failure To State Capacity To Sign - Application Filed On or After Sept. 16, 2012 fp14.26.10Terminal Disclaimer Identifies Party Who Is Not The Applicant - Application Filed On or After Sept. 16, 2012 fp14.27.01Lacks Clause of Enforceable Only During Period of Common Ownership fp14.27.011Lacks 37 CFR 1.321(d) Statement for Joint Research Agreement under 35 U.S.C. 102(c) or pre-AIA 35 U.S.C. 103(c)(2)&(3)fp14.27.02Fails To Disclaim Terminal Portion of Any Patent Granted On Subject Application fp14.27.03Fails To Disclaim Terminal Portion of Subject Patent fp14.27.04.ftiExamples of Acceptable Terminal Disclaimer Language in Patent To Be Granted -Application Filed Before Sept. 16, 2012 fp14.27.04.1Examples of Acceptable Terminal Disclaimer Language in Patent To Be Granted – Application Filed On or After Sept. 16, 2012 fp14.27.06Examples of Acceptable Terminal Disclaimer Language in Patent (Reexamination Situation)fp14.27.07.ftiExamples of Acceptable Terminal Disclaimer Language – Application Filed Before Sept. 16, 2012, Activities Undertaken Within the Scope of a Joint Research Agreement fp14.27.07.1Examples of Acceptable Terminal Disclaimer Language – Application Filed On or After Sept. 16, 2012, Activities Undertaken Within the Scope of a Joint Research Agreement fp14.27.08Examples of Acceptable Terminal Disclaimer Language in Patent (Reexamination Situation; activities undertaken within the scope of a joint research agreement)fp14.28.ftiFailure To State Capacity To Sign – Application Filed Before Sept. 16, 2012 fp14.29.ftiNot Recognized as Officer of Assignee – Application Filed Before Sept. 16, 2012, "Sub-Heading" Only fp14.29.02.ftiCriteria To Accept Terminal Disclaimer When Signed by a Non-Recognized Officer – Application Filed Before September 16, 2012 fp14.30No Evidence of Chain of Title to Assignee - Application Filed Before Sept. 16, 2012 fp14.30.01No Evidence of Chain of Title to Assignee (Reexamination Situations)fp14.30.02.ftiEvidence of Chain of Title to Assignee - Submission Not Signed by Appropriate Party – Application Filed Before Sept. 16, 2012, Terminal Disclaimer Is Thus Not Entered fp14.32Application/Patent Which Forms Basis for Rejection Not Identified fp14.3337 CFR 3.73 - Establishing Right of Assignee To Take Action fp14.34Requirement for Statement To Record Assignment Submitted With Terminal Disclaimer fp14.35Previously Submitted Disclaimer Fee Can Be Applied - Applicant fp14.35.01Previously Submitted Disclaimer Fee Can Be Applied - Patent Owner fp14.36Suggestion That "Applicant" Request a Refund fp14.36.01Suggestion That "Patent Owner" Request a Refund fp14.37Information about a Terminal Disclaimer Over a Pending Application fp14.38Information about a Terminal Disclaimer Over a Reference Patent