Are re-typed specifications acceptable in reissue applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, re-typed specifications are not acceptable in reissue applications. The MPEP 1411 clearly states:

“It should be noted that a re-typed specification is not acceptable in a reissue application; the full copy of the printed patent must be used.”

However, there is an exception to this rule. If the changes to be made to the patent are so extensive or numerous that reading and understanding the specification becomes extremely difficult and error-prone, a clean copy of the specification may be submitted. This exception requires:

• A grantable petition under 37 CFR 1.183
• Waiver of 37 CFR 1.125(d) and 37 CFR 1.173(a)(1)

It’s important to note that this exception is only granted in extreme cases where the original format would significantly hinder the examination process.