What is the initial review process for a reissue application?

The initial review process for a reissue application involves several key steps:

• The examiner consults the Examiner Reissue Guide and Checklist for basic guidance.
• The examiner inspects the submission under 37 CFR 1.172 for documentary evidence of chain of title.
• The examiner compares the consent and documentary evidence of ownership.
• The examiner checks if the filing has been announced in the Official Gazette.
• The examiner determines if there is concurrent litigation.
• The examiner checks for any filed protests.
• The examiner verifies that all certificate of correction changes have been incorporated.
• The examiner confirms that the patent has not expired.

As stated in the MPEP: “On initial receipt of a reissue application, the examiner should inspect the submission under 37 CFR 1.172 as to documentary evidence of a chain of title from the original owner to the assignee to determine whether the consent requirement of 37 CFR 1.172 has been met.”

To learn more:

• reissue application
• patent examination
• initial review
• patent ownership
• consent requirement