What is the applicant’s responsibility regarding references in a reissue application?
In a reissue application, the applicant is not required to resubmit all references cited in the original patent. However, applicants have an ongoing duty to disclose material information to the USPTO. Specifically:
MPEP § 1406 states: The Office imposes no responsibility on a reissue applicant to resubmit, in a reissue application, all the references cited in the patent for which reissue is sought. Rather, applicant has a continuing duty under 37 CFR 1.56 to timely apprise the Office of any information which is material to the patentability of the claims under consideration in the reissue application.
This means that while applicants don’t need to resubmit everything, they must disclose any information that is material to patentability in the context of the reissue. For more details on the duty of disclosure, refer to MPEP § 1418.
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