37 CFR 1.322 - Certificate of correction of Office mistake
| Cite as | 37 CFR 1.322 |
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10 practice notes
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Patent cases: Patent business goals; implementation,
...the error is not detected by the PTO before the reissue application issues, the PTO would issue a certificate of correction under either 37 CFR 1.322 or 1.323 to provide such notice in the issued reissue The numbering of the claims in the multiple reissue applications should follow a simple......
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Leviton Mfg. Co., Inc. v. Universal Sec. Instruments, No. CIV. AMD 01-3855.
...mistake in a patent, incurred through the fault of the [USPTO] is clearly disclosed by the records of the Office ...." 35 U.S.C. § 254; 37 C.F.R. § 1.322. MPEP section 1485 further states that "a determination as to whether an error has been made, the responsibility of the error, if any, an......
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Nippon Shinyaku Co. v. Iancu, Civil Action No. 10-1142
...as to the '997 patent, stating that it considered the request "for the issuance of a Certificate of Correction under the provisions of 37 CFR 1.322 and/or 37 CFR 1.323." Id. at 86 (styled "Response to the Request for Certificate of Correction").5 The USPTO denied the request because it was ......
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Patent Prosecution
...of correction to note that the specific drawing is missing and that the original filing included the missing drawing. In 59. 37 C.F.R. §§1.322 and Patent Prosecution response, assuming a favorable outcome for the patentee, the USPTO will issue a certificate that is added to the back of the ......
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8 cases
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Leviton Mfg. Co., Inc. v. Universal Sec. Instruments, No. CIV. AMD 01-3855.
...mistake in a patent, incurred through the fault of the [USPTO] is clearly disclosed by the records of the Office ...." 35 U.S.C. § 254; 37 C.F.R. § 1.322. MPEP section 1485 further states that "a determination as to whether an error has been made, the responsibility of the error, if any, an......
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Nippon Shinyaku Co. v. Iancu, Civil Action No. 10-1142
...as to the '997 patent, stating that it considered the request "for the issuance of a Certificate of Correction under the provisions of 37 CFR 1.322 and/or 37 CFR 1.323." Id. at 86 (styled "Response to the Request for Certificate of Correction").5 The USPTO denied the request because it was ......
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Roche Palo Alto LLC v. Ranbaxy Laboratories Ltd., Civil Action No. 06-cv-2003 (FLW).
...In MPEP § 1480, the USPTO sets forth the procedure for correcting a patent pursuant to Section 254 and its corresponding regulations at 37 C.F.R. § 1.322. MPEP § 1480 at p. 1400-86 to 1400-87. The USPTO procedure for correcting a mistake under Section 254 is much more open and less specific......
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Hallmark Cards, Inc. v. Lehman, Civil Action No. 95-318 SSH.
...The PTO regulations do not expressly provide for any participation by third parties in requests for Certificates of Correction. See 37 C.F.R. §§ 1.322-323. It therefore is concluded that Congress did not intend that third parties have the right to judicial review of Certificates of Correcti......
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1 books & journal articles
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Patent Prosecution
...of correction to note that the specific drawing is missing and that the original filing included the missing drawing. In 59. 37 C.F.R. §§1.322 and Patent Prosecution response, assuming a favorable outcome for the patentee, the USPTO will issue a certificate that is added to the back of the ......