What is the cross-reference requirement for multiple reissue applications?

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.

When multiple reissue applications are filed for a single patent, each application must include a cross-reference to the other related reissue applications. The MPEP states:

37 CFR 1.177(a) requires that all multiple reissue applications resulting from a single patent must include as the first sentence of their respective specifications a cross reference to the other reissue application(s).

This cross-reference should provide notice of the multiple reissue applications and identify their relationships. An example of the required language is:

Notice: More than one reissue application has been filed for the reissue of Patent No. 99,999,999. The reissue applications are application numbers 99/999,994 (the present application), 99/999,995, and 99/999,998, all of which are divisional reissues of Patent No. 99,999,999.

This requirement ensures transparency and proper identification of related reissue applications.