How should claims be presented in a reissue application?

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, claims must be presented in a specific manner according to MPEP 1453. The MPEP states:

“All amendment changes must be made relative to the patent to be reissued. Pursuant to 37 CFR 1.173(b)(2), for each claim that is being amended, the entire text of the claim must be presented with the bracketing and/or underlining required by 37 CFR 1.173(d).”

Here’s how to present claims in a reissue application:

• New claims (added to the reissue) should be underlined in their entirety.
• For amended claims:
  • Use brackets [ ] to show text being deleted
  • Use underlining to show text being added
• Original patent claims that are being canceled should be enclosed in brackets [ ].
• Original patent claims being retained without change should be presented without any markings.

It’s crucial to follow these formatting rules to clearly show the changes being made to the claims in the reissue application. This helps examiners and the public understand the scope of the reissue.