What additional requirements must be considered when examining a reissue application?

While reissue applications are examined similarly to non-reissue applications, there are additional requirements specific to reissues. The MPEP 1440 outlines:

“In addition, the application will be examined with respect to compliance with 37 CFR 1.171-1.178 relating specifically to reissue applications, for example, the reissue oath or declaration will be carefully reviewed for compliance with 37 CFR 1.175.”

These additional requirements include:

  • Compliance with reissue-specific regulations (37 CFR 1.171-1.178)
  • Careful review of the reissue oath or declaration
  • Consideration of the original patent file wrapper/file history

Examiners must ensure that these reissue-specific requirements are met in addition to the standard patentability criteria.

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Tags: patent examination, patent law, reissue application, reissue requirements