When is a clean copy of the specification required in a reissue application?
A clean copy of the specification may be required in a reissue application when the certificate of correction changes are extensive. This requirement is at the discretion of the examiner, after consulting with their supervisor.
MPEP 1411.01 states: “If the changes are extensive, a clean copy of the specification with the certificate of correction changes in it may be required by the examiner after consulting with their supervisor.”
To enter this clean copy as a substitute specification, the reissue applicant must file a grantable petition under 37 CFR 1.183 for waiver of 37 CFR 1.125(d) and 37 CFR 1.173(a)(1). The examiner’s requirement for the clean copy generally serves as sufficient basis for granting this petition.
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