37 CFR 1.177 - Issuance of multiple reissue patents
| Cite as | 37 CFR 1.177 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
8 practice notes
-
Patent cases: Patent business goals; implementation,
...(16) Requiring identification of broadening in a reissue application (37 CFR 1.173); (17) Changing multiple reissue application treatment (37 CFR 1.177); (18) Creating alternative review procedures for applications under appeal (37 CFR (19) Eliminating preauthorization of payment of the iss......
-
Pfizer Inc. v. Apotex Inc., Case Nos. 08-cv-7231
...of the applicant, and upon payment of the required fee for a reissue for each of such reissued patents." 35 U.S.C. § 251 ¶ 2. See also 37 C.F.R. § 1.177(a) ("The Office may reissue a patent as multiple reissue patents."); In re Graff, 111 F.3d 874, 876 (Fed.Cir.1997) ("§ 251 does not bar mu......
-
Use of Reissue Proceedings in Hatch-Waxman Litigation
...35 U.S.C. § 251(b) (authorizing the issuance of “several reissued patents for distinct and separate parts of the thing patented.”); 37 C.F.R. § 1.177(a) (“The Office may reissue a patent as multiple reissue patents.”); see also In re Graff, 111. F.3d 874, at 876 (Fed. Cir. 1997) (stating th......
-
Honeywell Int'l Inc. v. Cree, Inc., Civil Action No.: 14-2004 (JLL)
...there must be notification if more than one reissue application is filed for a single patent as prescribed in Patent Office Rule 177. 37 C.F.R. §1.177(a). Defendant asserts that the language Plaintiff asserted into its specification exactly tracks the suggested language in the Manual of Pat......
Request a trial to view additional results
3 cases
-
Pfizer Inc. v. Apotex Inc., Case Nos. 08-cv-7231
...applicant, and upon payment of the required fee for a reissue for each of such reissued patents." 35 U.S.C. § 251 ¶ 2. See also 37 C.F.R. § 1.177(a) ("The Office may reissue a patent as multiple reissue patents."); In re Graff, 111 F.3d 874, 876 (Fed.Cir.1997) ("§ 251 do......
-
Honeywell Int'l Inc. v. Cree, Inc., Civil Action No.: 14-2004 (JLL)
...there must be notification if more than one reissue application is filed for a single patent as prescribed in Patent Office Rule 177. 37 C.F.R. §1.177(a). Defendant asserts that the language Plaintiff asserted into its specification exactly tracks the suggested language in the Manual of Pat......
-
Ex parte Arthun, Appeal 2016-006176
...to reissue applications (37 C.F.R. § 1.173); the sufficiency of any notice that more than one reissue application has been filed (37 C.F.R. 1.177); and the omission of new matter (35 U.S.C. § 251(a)). Moreover, the reissuance of method claims relative to the device claims issued in the orig......
2 firm's commentaries
-
The Federal Circuit Affirms the Use of Continuing Patent Applications to Extend the Statutory Broadening Reissue Period beyond Two Years
...120 or 121 back to an original reissue application filing. Administrative rules regarding continuing reissue applications are found at 37 C.F.R. § 1.177. As stated in the Manual of Patent Examining Procedure (MPEP), the Patent Office "has adopted a policy of treating continuations and divis......
-
Merger Considerations in Patent Reissue and Inter Partes Patent Reexamination Proceedings
...that are carried over to the continuation reissue application are to be enclosed in brackets to avoid statutory double patenting. See 37 CFR 1.177(b) and MPEP §...
1 books & journal articles
-
Use of Reissue Proceedings in Hatch-Waxman Litigation
...35 U.S.C. § 251(b) (authorizing the issuance of “several reissued patents for distinct and separate parts of the thing patented.”); 37 C.F.R. § 1.177(a) (“The Office may reissue a patent as multiple reissue patents.”); see also In re Graff, 111. F.3d 874, at 876 (Fed. Cir. 1997) (stating th......