MPEP Section 2407.02, After a Patent Has Issued

Executive summary:

This document contains Section 2407.02 ("After a Patent Has Issued") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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2407.02 After a Patent Has Issued

A replacement deposit made in connection with an application for reissue patent or a reexamination proceeding or both shall not be accepted unless a certificate of correction is requested which meets the terms of 37 CFR 1.805(b) and 37 CFR 1.805 (c) for replacement deposits. Any correction made to the original patent will be automatically incorporated into the reissued or reexamined patent unless changes are made during examination of the reissue application or reexamination proceeding.

37 CFR 1.805(b) and 37 CFR 1.805(c) specify the procedures that a patent owner may follow to ensure that a patent contains the appropriate information about a deposited biological material in the event that a replacement or supplemental deposit is made after the patent is granted. 37 CFR 1.805(b) describes the information which must be contained in the certificate of correction, whereas 37 CFR 1.805(c) describes the information which must be provided in the request to make the correction.