What happens if a disclaimer of all original patent claims is filed in a reissue application?

If a disclaimer of all original patent claims is filed in a reissue application with newly added claims, only the new claims will be examined. The MPEP 1450 states: “If a disclaimer of all the original patent claims is filed in the reissue application containing newly added claims that are separate and distinct from the original patent claims, only the newly added claims will be present for examination.” However, it’s crucial to note that once filed, a disclaimer cannot be withdrawn, regardless of the application’s status.

To learn more:

• Disclaimer
• Original Patent Claims
• Reissue Application
• Patent Examination