What additional documents must be included with a reissue application?
A reissue application requires several additional documents beyond those needed for an original patent application. According to MPEP 1410, these include:
- A copy of any disclaimer (37 CFR 1.321)
- Any certificate of correction (37 CFR 1.322 – 1.324)
- Any reexamination certificate (37 CFR 1.570 and 1.997)
- Any certificate from a trial before the Patent Trial and Appeal Board (PTAB) (37 CFR 42.80)
The MPEP states: “Pursuant to 37 CFR 1.173(a)(1), applicant is required to include a copy of any disclaimer (37 CFR 1.321), certificate of correction (37 CFR 1.322 – 1.324), reexamination certificate (37 CFR 1.570 and 1.997) or certificate from a trial before the Patent Trial and Appeal Board (PTAB) (37 CFR 42.80) issued in the patent for which reissue is requested.” This ensures that all relevant changes to the original patent are considered in the reissue process.
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