37 CFR 1.171 - Application for reissue

Cite as37 CFR 1.171
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
38 practice notes
  • Changes To Implement Derivation Proceedings
    • United States
    • Federal Register September 11, 2012
    • September 11, 2012
    ...37 CFR 1.99 provides for the submission of information after publication of a patent application during examination by third parties. 37 CFR 1.171-1.179 provide for applications to reissue a patent to correct errors, including where a claim in a patent is overly 37 CFR 1.291 provides for th......
  • Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of Patent Trial and Appeal Board Decisions
    • United States
    • Federal Register February 09, 2012
    • February 9, 2012
    ...37 CFR 1.99 provides for the submission of information after publication of a patent application during examination by third parties. 37 CFR 1.171-1.179 provide for applications to reissue a patent to correct errors, including where a claim in a patent is overly 37 CFR 1.291 provides for th......
  • Changes to Implement Inter Partes Review Proceedings
    • United States
    • Federal Register February 10, 2012
    • February 10, 2012
    ...37 CFR 1.99 provides for the submission of information after publication of a patent application during examination by third parties. 37 CFR 1.171-1.179 provide for applications to reissue a patent to correct errors, including where a claim in a patent is overly 37 CFR 1.291 provides for th......
  • Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of Patent Trial and Appeal Board Decisions
    • United States
    • Federal Register August 14, 2012
    • August 14, 2012
    ...37 CFR 1.99 provides for the submission of information after publication of a patent application during examination by third parties. 37 CFR 1.171-1.179 provide for applications to reissue a patent to correct errors, including where a claim in a patent is overly 37 CFR 1.291 provides for th......
  • Request a trial to view additional results
19 cases
  • Hewlett-Packard Co. v. Bausch & Lomb, Inc., No. C-84-20642 RPA.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • July 22, 1988
    ...on Patents (3d ed. 1985) § 14.1. The actual procedure used in reissuing patents is contained in the Code of Federal Regulations. See 37 C.F.R. §§ 1.171-1.179 (July 1987). The current regulations are slightly different than those in effect at the time that B & L made its reissue application.......
  • Rohm and Haas Co. v. Mobil Oil Corp., Civ. A. No. 78-384-JLL
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • June 30, 1989
    ...more fully in Section III et seq. of this Opinion. 7 On October 19, 1978, Mobil applied for reissue of U.S. Patent 3,979,437 under 37 C.F.R. § 1.171 et seq. (1977). The then recently modified reissue procedures enabled a patentee to seek reconsideration of an issued patent in view of releva......
  • National Business Systems, Inc. v. AM Intern., Inc., No. 80 C 4915
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • August 26, 1982
    ...as the Patent Office Rules require surrender of the original patent before a reissue patent may be granted, 35 U.S.C. § 251; Rule 171, 37 C.F.R. § 1.171. However, 35 U.S.C. § 252, entitled "Effect of Reissue," specifically states that the surrender of the original patent does not take effec......
  • Dresser Industries, Inc. v. Ford Motor Co., Civ. A. No. CA3-80-1470-G.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • October 15, 1981
    ...compelling Dresser to file an application for "reissue" of its patents, pursuant to 35 U.S.C. §§ 251-256 and PTO rules set forth at 37 C.F.R. § 1.171 et seq., and for dismissal of this action pending a reissue decision. Ford argues that the PTO's reissue procedures are both more fair and ap......
  • Request a trial to view additional results
3 books & journal articles
  • Use of Reissue Proceedings in Hatch-Waxman Litigation
    • United States
    • ANDA litigation: strategies and tactics for pharmaceutical patent litigators
    • June 2, 2016
    ...or Andrew M. Alul, Joseph M. Bennett-Paris, Ph.D., and Richard T. Ruzich, Taft Stettinius & Hollister LLP. 1. 35 U.S.C. § 251; see also 37 C.F.R. §§ 1.171–1.178. 115 dor54588_06_ch06_115-128.indd 115 5/5/16 5:31 CHAPTER 6 drawing, or by reason of the patentee claiming more or less than he h......
  • Patent Prosecution
    • United States
    • New practitioner’s guide to intellectual property Patents
    • May 16, 2012
    ...potential consequences to the patent owner. A form of defense to patent infringement of a reissue patent is intervening rights. 60. 37 C.F.R. §1.171. 133 134 Section 2, Part Intervening rights are those rights acquired by a defendant in developing a method or apparatus that infringes a clai......
  • Patent Litigation
    • United States
    • New practitioner’s guide to intellectual property Patents
    • May 16, 2012
    ...of the patent before the USPTO.4If done within two years of issuance of the patent, the owner may seek broader scopes of protection.54. 37 C.F.R. §1.171. 5. See Patent Prosecution 146 Section 2, Part 3 II. LOCAL RULES6For whichever jurisdiction is selected for pursuit of a patent litigation......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT