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Archive for January 11th, 2012

Patent Reissue Oath Practice Revised by USPTO

Posted On: Jan. 11, 2012   By: Scott A. McKeown
reissue oathTroublesome Oath Requirements Revised

As anyone that has ever filed a patent reissue can attest, the inconsistent application of oath requirements can be maddening. In fact, the vast majority of patent reissue applications are delayed due to such informalities —aggravating an already significant problem.

As the America Invents Act has required that the “deceptive intent” component of patent reissue oaths be stricken, the USPTO has taken the opportunity to fix a few other problems while they were under the hood. Last Friday, a Notice of Proposed Rule making entitled “Changes To Implement the Inventor’s Oath or Declaration Provisions of the Leahy-Smith America Invents Act.” (here) Read the rest of this entry »