37 CFR 1.172 — Reissue applicant

Title 3737 CFRStatutes & rulesCited by 9 §§

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37 CFR · MPEP Appendix R (Revision 01.2024)

37 CFR 1.172 — Reissue applicant.

[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 * ]

(a) The reissue applicant is the original patentee, or the current patent owner if there has been an assignment. A reissue application must be accompanied by the written consent of all assignees, if any, currently owning an undivided interest in the patent. All assignees consenting to the reissue must establish their ownership in the patent by filing in the reissue application a submission in accordance with the provisions of § 3.73(c) of this chapter.

(b) A reissue will be granted to the original patentee, his legal representatives or assigns as the interest may appear.

[24 FR 10332, Dec. 22, 1959; para. (a), 48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; para. (a) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]

[ * The changes effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 1.172 (pre-AIA) for the rule otherwise in effect.]

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Prior version

1.172 (pre-AIA) Applicants, assignees.

[Editor Note: Not applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012 * ]

(a) A reissue oath must be signed and sworn to or declaration made by the inventor or inventors except as otherwise provided (see §§ 1.42 , 1.43 , 1.47 ), and must be accompanied by the written consent of all assignees, if any, owning an undivided interest in the patent, but a reissue oath may be made and sworn to or declaration made by the assignee of the entire interest if the application does not seek to enlarge the scope of the claims of the original patent. All assignees consenting to the reissue must establish their ownership interest in the patent by filing in the reissue application a submission in accordance with the provisions of § 3.73(b) of this chapter.

(b) A reissue will be granted to the original patentee, his legal representatives or assigns as the interest may appear.

[24 FR 10332, Dec. 22, 1959; para. (a), 48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; para. (a) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997]

[ * See § 1.172 for more information and for the rule applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012]

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