How should priority or benefit claims be made in a reissue application?
Priority or benefit claims in reissue applications must be made according to specific rules. As per MPEP 1410:
- Priority/benefit claims from the original patent do not automatically carry over to the reissue application.
- For reissues filed on or after September 16, 2012, claims must be made in an Application Data Sheet (ADS) under 37 CFR 1.76.
- Claims must be made within the time periods set forth in 37 CFR 1.55 and 1.78.
- Late claims may require a petition for an unintentionally delayed priority or benefit claim.
The MPEP states: “When appropriate, the reissue applicant must provide a claim for priority/benefit under 35 U.S.C. 119 or 120 in the reissue application. Benefit and priority claims made in the patent for which reissue is sought do not carry over into the reissue application.” This emphasizes the importance of properly claiming priority or benefit in reissue applications.
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