How can an applicant correct an error after allowance of a reissue application?
To correct an error after allowance of a reissue application, the applicant must follow these steps:
- Submit an amendment of the patent in accordance with 37 CFR 1.312.
- File the amendment before or with the payment of the issue fee.
- Include remarks that fully and clearly state:
- Why the amendment is needed
- Why the proposed amended or new claims require no additional search or examination
- Why the claims are patentable
- Why they were not presented earlier
The MPEP states: Because the amendment seeks to correct an error in the patent, the amendment will affect the disclosure, the scope of a claim, or add a claim. Thus, in accordance with MPEP § 714.16, the remarks accompanying the amendment must fully and clearly state:
followed by the four points mentioned above.
For reissue applications filed before September 16, 2012, a supplemental reissue oath/declaration must accompany the amendment, stating that the error(s) to be corrected arose without any deceptive intention on the part of the applicant.
To learn more: