What is the applicant’s responsibility regarding references in a reissue application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. 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 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Continuing Duty to Disclose Material Information in Reissue Applications MPEP 1406 No Duty to Resubmit References in Reissue Application MPEP 1418 Applicant Must Timely Disclose Material Information MPEP 1406 Applicant Must Timely Disclose Material Information MPEP 1418 Requirement for Submitting Material Information to Patent Office MPEP 1418 Information Known to Be Material to Patentability Must be Submitted MPEP 1418 Duty of Disclosure for Reissue Applications MPEP 1418 Duty of Disclosure for Reissue Applications Before September 16, 2012 MPEP 1418 Oath/Declaration Requires Disclosure of Material Information MPEP 1418 Prohibited Reminder of Duties for Reissue Application MPEP 1418 Permitted Other Related FAQs 5 FAQs Collapse How does the examiner handle unavailable references in a rei...