How should amendments be submitted in a reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
Amendments in a reissue application must be submitted according to specific rules. As per MPEP 1410:
- Amendments can be submitted at the time of filing the reissue application.
- They must comply with 37 CFR 1.173(b)-(e) and (g).
- Amendments can be made by either:
- Presenting insertions and deletions as part of the original reissue specification
- Submitting a separate amendment paper
The MPEP states: “An amendment may be submitted at the time of filing of a reissue application. The amendment may be made either by: (A) the presentation of insertions or deletions as part of the original reissue specification…” This emphasizes the importance of following proper amendment procedures in reissue applications.