Do claims in a reissue application have a presumption of validity?

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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. No, claims in a reissue application do not have a presumption of validity. The MPEP 1445 explicitly states: “Claims in a reissue application enjoy no ‘presumption of validity.'” This principle is supported by case law, including: In re Doyle , 482 F.2d 1385, 1392, 179 USPQ 227, 232-233 (CCPA 1973) In re Sneed , 710 F.2d 1544, 1550 n.4, 218 USPQ 385, 389 n.4 (Fed. Cir. 1983) This means that during the examination of a reissue application, all claims are subject to full scrutiny and potential rejection, regardless of their status in the original patent. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims in Reissue Application Subject to Any Rejections MPEP 1445 Reissue Application Examined Like Original MPEP 1445 Claims In Reissue Not Presumed Valid MPEP 1445 Recommended Reissue Application Examined Like Original MPEP 1445 Reissue Application Subject to AIA Provisions MPEP 1440 References Cited in Original Patent Must Be Reissued MPEP 1455 Recommended Requirement for IDS in Reissue Application MPEP 1455 Recommended All Claim Limitations Must Be Considered When Evaluating Obviousness MPEP 2143.03 Required All Claim Limitations Must Be Considered MPEP 2143.03 Required Reissue Patents Subject to Pre-AIA 35 U.S.C. 103(c) Changes MPEP 2146 Other Related FAQs 5 FAQs Collapse Can new rejections be made in a reissue application that weren&#8217;t made in the original patent? What is the non-electronic filing portion of the PCT transmittal fee? How does the availability of prior art differ between original and reissue applications? Can prior art considered during the original patent examination be used again in a reissue application? How are reissue applications examin...