How can I access a reissue application file?
Reissue application files are generally open to public inspection. According to 37 CFR 1.11(b):
- Reissue applications are open to inspection by the general public
- The filing of reissue applications (except for continued prosecution applications under 37 CFR 1.53(d)) is announced in the Official Gazette
- The announcement includes details such as filing date, reissue application and original patent numbers, title, inventor name, and examining group
For Image File Wrapper (IFW) reissue applications:
- Files are open to inspection by the general public through Patent Center via the USPTO website
- Members of the public can view the entire content of the reissue application file history online
Direct quote: ‘All reissue applications, all applications in which the Office has accepted a request to open the complete application to inspection by the public, and related papers in the application file, are open to inspection by the public, and copies may be furnished upon paying the fee therefor.’ (37 CFR 1.11(b))
Topics:
MPEP 103-Right of Public To Inspect Patent Files and Some Application Files,
Patent Law,
Patent Procedure