I am aware of 37 CFR 1.176(b) which permits divisional reissue application. But I don't understand the 'divisional of reissue application' as mentioned in 1451 MPEP. It would be very helpful if anyone clarify me the legal consequences between divisional reissue application and divisional of reissue application.
Thanks in advance
ANSWER
This is a very specific question. Nevertheless, I believe this has something to do whether the parent application is still pending, which would allow you to file a divisional off a reissue, that isn’t a reissue itself, merely because you’d have that right anyway, given that the parent is pending. Hope this answer helps a bit. Otherwise, you should engage a patent attorney to study the law as it applies to your particular situation.
Dr. Patentstein says, free advice is worth what you pay for it. If you'd like us to review your
situation and provide you with reliable advice, please
contact us about becoming a client.
Didn't answer your question? We suggest you... |
|
Post a Comment
Subscribe to Premium Access
professional IP (patent, trademark and design) legal advice on demand
replies within 24 hours
confidential and highly qualified legal team to reply to your questions
corporate or individual customers welcome
|
Dr Patentsteins' Tips
When you think you might have an invention with sales potential, immediately discuss the idea with a registered patent practitioner | Ensure you sketch all significant elements of your invention on paper, writing as much detail and comments regarding its' operation | After creating any descriptions or sketching your invention, ensure a witness (or even two) sign the paper to support your claim |
Visitor Poll
Do you think software patents promote innovation?
Also See
|