37 CFR 1.172: Reissue applicant

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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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 2713, Jan. 20, 1983, effective Feb. 27, 1983; para. (a) revised, 62 FR 53131, 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.]