Thomas-joseph

Thomas Joseph is a patent attorney in Pittsburgh, Pa. He maintains a solo practice in all areas of intellectual-property law. He has been practicing since 2001. Before starting his solo practice, Joseph was the General Counsel of Grant Street Group, a financial software firm. At Grant Street Group, he managed the company’s patent litigation against its primary competitors in the online-auction markets for tax certificates, foreclosures, tax deeds and municipal bonds. Joseph received a Bachelor of Science in Metallurgical Engineering and Materials Science from Carnegie Mellon University, a Master of Science in Materials Science and Engineering from the University of Florida and a Juris Doctorate from George Washington University.

You can contact him at www.joseph-iplaw.com.

Correcting a Patent

July 7, 2009
Thomas Joseph
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Once a patent is issued, a patentee may correct a patent through any one of five methods:
  • Re-examination
  • Reissue
  • Certificate of correction
  • Disclaimer
  • Special petition to waive the rules
Re-examination is a process for correcting a patent that has issued when there is a substantial question of patentabilty regarding the scope of the claims. There are two types of re-examination proceedings: ex parte (single party) or inter partes (multi party). A request for re-examination must be based upon written references, and it can be initiated by anyone.

Reissue is a process for correcting a defective patent. A request to reissue a patent, unlike a request for reexamination, can only be filed by the applicant or the assignee.

A certificate of correction can be issued to correct clerical errors.

A disclaimer is a complete forfeiture of one or more claims or a portion of a patent term.

A patentee may file a special petition to have the commissioner waive the rules. This technique is rarely used.

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Thomas-joseph

Thomas Joseph is a patent attorney in Pittsburgh, Pa. He maintains a solo practice in all areas of intellectual-property law. He has been practicing since 2001. Before starting his solo practice, Joseph was the General Counsel of Grant Street Group, a financial software firm. At Grant Street Group, he managed the company’s patent litigation against its primary competitors in the online-auction markets for tax certificates, foreclosures, tax deeds and municipal bonds. Joseph received a Bachelor of Science in Metallurgical Engineering and Materials Science from Carnegie Mellon University, a Master of Science in Materials Science and Engineering from the University of Florida and a Juris Doctorate from George Washington University.

You can contact him at www.joseph-iplaw.com.

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