How should amendments be made in a reissue of a previously reissued patent?

When amending a reissue of a previously reissued patent:

  • Additions from the first reissue should remain in italics
  • New additions should be presented as double underlined text
  • Deletions from the first reissue should be shown in double brackets

The MPEP states: “When a copy of a first reissue patent is presented as the specification of a second reissue application (filed as a reissue of a reissue), additions made by the first reissue will already be printed in italics, and should remain in such format. Thus, applicants need only present additions to the specification/claims in the second reissue application as double underlined text. Subject matter to be deleted from the first reissue patent should be presented in the second reissue application within sets of double brackets.

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Tags: 37 cfr 1.173, mpep 1453, patent amendments, reissue of reissue