MPEP § 1430 — Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette (Annotated Rules)

§1430 Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1430, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette

This section addresses Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette. Primary authority: 37 CFR 1.11(b), 37 CFR 1.53(d)), and 37 CFR 1.11. Contains: 2 guidance statements, 2 permissions, and 6 other statements.

Key Rules

Topic

Continued Prosecution Applications

3 rules
StatutoryInformativeAlways
[mpep-1430-f53c01f23a19a666e57701da]
Reissue Applications Must Be Announced in Official Gazette
Note:
All reissue applications, except continued prosecution applications filed under 37 CFR 1.53(d), must be announced in the Official Gazette to inform the public.

Under 37 CFR 1.11(b) all reissue applications filed are open to inspection by the general public, and copies may be furnished upon paying the fee therefor. The filing of reissue applications (except for continued prosecution applications (CPA’s) filed under 37 CFR 1.53(d)) will be announced in the Official Gazette. The announcement gives interested members of the public an opportunity to submit to the examiner information pertinent to the patentability of the reissue application. The announcement includes the filing date, reissue application and original patent numbers, title, class and subclass, name of the inventor(s), name of the owner of record, name of the attorney or agent of record, and the Technology Center (TC) to which the reissue application is initially assigned. Where a reissue application seeks to change the inventorship of a patent, the names of the inventors of record of the patent file are set forth in the announcement, not the filing receipt, which sets forth the names of the inventors that the reissue application is seeking to make of record upon reissue of the patent.

Jump to MPEP Source · 37 CFR 1.11(b)Continued Prosecution ApplicationsApplication Types and FilingReissue Patent Practice
StatutoryInformativeAlways
[mpep-1430-629428750aff21639558f993]
Design Reissue Continued Prosecution Application Not Announced in Official Gazette
Note:
The filing of a continued prosecution application for a design reissue does not require an announcement in the Official Gazette as it is considered part of the prior reissue application and uses the same application number.

The filing of a continued prosecution application (CPA) of a design reissue application under 37 CFR 1.53(d) (effective July 14, 2003, CPA practice was eliminated as to utility and plant applications) will not be announced in the Official Gazette. Although the filing of a CPA of a design reissue application constitutes the filing of a reissue application, the announcement of the filing of such CPA would be redundant in view of the announcement of the filing of the prior reissue application in the Official Gazette and the fact that the same application number and file will continue to be used for the CPA.

Jump to MPEP Source · 37 CFR 1.53(d)Continued Prosecution ApplicationsApplication Types and FilingReissue Application Filing
StatutoryInformativeAlways
[mpep-1430-12b7464b0035b6c1c3d05ea3]
Reissue Application Filing Announced in Official Gazette
Note:
All reissue applications, except design reissue CPAs filed under 37 CFR 1.53(d), must be announced in the Official Gazette and include specified identifying data as per 37 CFR 1.11(b).

The filing of all reissue applications, except for design reissue CPAs filed under 37 CFR 1.53(d), (note that effective July 14, 2003, CPA practice has been eliminated as to utility and plant application) will be announced in the Official Gazette and will include certain identifying data as specified in 37 CFR 1.11(b).

Jump to MPEP Source · 37 CFR 1.53(d)Continued Prosecution ApplicationsApplication Types and FilingOfficial Gazette – Patents (MPEP 1730)
Topic

Reissue Application Filing

3 rules
StatutoryInformativeAlways
[mpep-1430-2baacbefe45847e978362950]
Reissue Application Changes Inventorship
Note:
A reissue application that seeks to change the inventorship of a patent lists the current inventors in the announcement, not the new ones listed in the filing receipt.

Under 37 CFR 1.11(b) all reissue applications filed are open to inspection by the general public, and copies may be furnished upon paying the fee therefor. The filing of reissue applications (except for continued prosecution applications (CPA’s) filed under 37 CFR 1.53(d)) will be announced in the Official Gazette. The announcement gives interested members of the public an opportunity to submit to the examiner information pertinent to the patentability of the reissue application. The announcement includes the filing date, reissue application and original patent numbers, title, class and subclass, name of the inventor(s), name of the owner of record, name of the attorney or agent of record, and the Technology Center (TC) to which the reissue application is initially assigned. Where a reissue application seeks to change the inventorship of a patent, the names of the inventors of record of the patent file are set forth in the announcement, not the filing receipt, which sets forth the names of the inventors that the reissue application is seeking to make of record upon reissue of the patent.

Jump to MPEP Source · 37 CFR 1.11(b)Reissue Application FilingReissue Patent PracticeFees for Third Party Access
StatutoryPermittedAlways
[mpep-1430-3d941d79c81069811aa25ef8]
RCE of Reissue Application Not Announced in Official Gazette
Note:
If an applicant files a Request for Continued Examination (RCE) on or after May 29, 2000 for a reissue application filed on or after June 8, 1995, such filing will not be announced in the Official Gazette.

If applicant files a Request for Continued Examination (RCE) of the reissue application under 37 CFR 1.114 (which can be filed on or after May 29, 2000 for a reissue application filed on or after June 8, 1995), such filing will not be announced in the Official Gazette. An RCE continues prosecution of the existing reissue application and is not a filing of a new application.

Jump to MPEP Source · 37 CFR 1.114Reissue Application FilingOfficial Gazette – Patents (MPEP 1730)Reissue Patent Practice
StatutoryInformativeAlways
[mpep-1430-f031ef661c82c0af289a14a5]
Request for Continued Examination Continues Existing Reissue Application
Note:
An RCE filing continues the prosecution of the existing reissue application and is not considered a new filing.

If applicant files a Request for Continued Examination (RCE) of the reissue application under 37 CFR 1.114 (which can be filed on or after May 29, 2000 for a reissue application filed on or after June 8, 1995), such filing will not be announced in the Official Gazette. An RCE continues prosecution of the existing reissue application and is not a filing of a new application.

Jump to MPEP Source · 37 CFR 1.114Reissue Application FilingReissue Patent PracticeOfficial Gazette – Patents (MPEP 1730)
Topic

Statutory Authority for Examination

3 rules
StatutoryRecommendedAlways
[mpep-1430-51d3397140ffc653c6a344fc]
Notice of Reissue Application Must Be Published Before Examination
Note:
A notice of a reissue application must be published in the Official Gazette before any examination of the application can proceed.

Where a “Notice to File Missing Parts of Reissue Application – Filing Date Granted” has been mailed by the Office for a reissue application, the reissue application will not necessarily be announced in the Official Gazette until all elements of the Notice to File Missing Parts have been complied with. This is because the information required by 37 CFR 1.11(b) for the Official Gazette announcement may be missing as indicated in the Notice to File Missing Parts. A notice of a reissue application in the Official Gazette should be published before any examination of the application. If an inadvertent failure to publish notice of the filing of the reissue application in the Official Gazette is recognized later in the examination, action should be taken to have the notice published as quickly as possible, and action on the application may be delayed until two months after the publication, allowing for any protests to be filed. For a discussion of protests, see MPEP Chapter 1900.

Jump to MPEP Source · 37 CFR 1.11(b)Statutory Authority for ExaminationExamination ProceduresApplication Requisites for Examination
StatutoryRecommendedAlways
[mpep-1430-197ae9b3f05e1feb170b7ae1]
Notice of Filing Reissue Application Must Be Published Promptly
Note:
If an inadvertent failure to publish notice of the filing in the Official Gazette is recognized, it must be published as soon as possible and examination may be delayed for two months to allow protests.

Where a “Notice to File Missing Parts of Reissue Application – Filing Date Granted” has been mailed by the Office for a reissue application, the reissue application will not necessarily be announced in the Official Gazette until all elements of the Notice to File Missing Parts have been complied with. This is because the information required by 37 CFR 1.11(b) for the Official Gazette announcement may be missing as indicated in the Notice to File Missing Parts. A notice of a reissue application in the Official Gazette should be published before any examination of the application. If an inadvertent failure to publish notice of the filing of the reissue application in the Official Gazette is recognized later in the examination, action should be taken to have the notice published as quickly as possible, and action on the application may be delayed until two months after the publication, allowing for any protests to be filed. For a discussion of protests, see MPEP Chapter 1900.

Jump to MPEP Source · 37 CFR 1.11(b)Statutory Authority for ExaminationApplication Requisites for ExaminationExamination Procedures
StatutoryInformativeAlways
[mpep-1430-bba18e1dca26bc64ae98f0c4]
Publication Delay for Reissue Applications with Missing Elements
Note:
If a reissue application has missing elements, it may not be announced in the Official Gazette until those elements are provided. Examination can be delayed up to two months to allow for protests.

Where a “Notice to File Missing Parts of Reissue Application – Filing Date Granted” has been mailed by the Office for a reissue application, the reissue application will not necessarily be announced in the Official Gazette until all elements of the Notice to File Missing Parts have been complied with. This is because the information required by 37 CFR 1.11(b) for the Official Gazette announcement may be missing as indicated in the Notice to File Missing Parts. A notice of a reissue application in the Official Gazette should be published before any examination of the application. If an inadvertent failure to publish notice of the filing of the reissue application in the Official Gazette is recognized later in the examination, action should be taken to have the notice published as quickly as possible, and action on the application may be delayed until two months after the publication, allowing for any protests to be filed. For a discussion of protests, see MPEP Chapter 1900.

Jump to MPEP Source · 37 CFR 1.11(b)Statutory Authority for ExaminationApplication Requisites for ExaminationExamination Procedures
Topic

Fees for Third Party Access

1 rules
StatutoryPermittedAlways
[mpep-1430-b344352917c0760baaa56c15]
Reissue Applications Are Publicly Inspectable
Note:
All reissue applications filed are open to public inspection and copies can be obtained upon payment of the fee.

Under 37 CFR 1.11(b) all reissue applications filed are open to inspection by the general public, and copies may be furnished upon paying the fee therefor. The filing of reissue applications (except for continued prosecution applications (CPA’s) filed under 37 CFR 1.53(d)) will be announced in the Official Gazette. The announcement gives interested members of the public an opportunity to submit to the examiner information pertinent to the patentability of the reissue application. The announcement includes the filing date, reissue application and original patent numbers, title, class and subclass, name of the inventor(s), name of the owner of record, name of the attorney or agent of record, and the Technology Center (TC) to which the reissue application is initially assigned. Where a reissue application seeks to change the inventorship of a patent, the names of the inventors of record of the patent file are set forth in the announcement, not the filing receipt, which sets forth the names of the inventors that the reissue application is seeking to make of record upon reissue of the patent.

Jump to MPEP Source · 37 CFR 1.11(b)Fees for Third Party AccessReissue FeesThird Party Access to Files (MPEP 103, 1134.01)
Topic

Third Party Access to Files (MPEP 103, 1134.01)

1 rules
StatutoryInformativeAlways
[mpep-1430-1a6b296b55d4e39d190827ae]
Public Can Submit Info on Reissue Patentability
Note:
The public can provide information to the examiner regarding the patentability of a reissued application upon its announcement.

Under 37 CFR 1.11(b) all reissue applications filed are open to inspection by the general public, and copies may be furnished upon paying the fee therefor. The filing of reissue applications (except for continued prosecution applications (CPA’s) filed under 37 CFR 1.53(d)) will be announced in the Official Gazette. The announcement gives interested members of the public an opportunity to submit to the examiner information pertinent to the patentability of the reissue application. The announcement includes the filing date, reissue application and original patent numbers, title, class and subclass, name of the inventor(s), name of the owner of record, name of the attorney or agent of record, and the Technology Center (TC) to which the reissue application is initially assigned. Where a reissue application seeks to change the inventorship of a patent, the names of the inventors of record of the patent file are set forth in the announcement, not the filing receipt, which sets forth the names of the inventors that the reissue application is seeking to make of record upon reissue of the patent.

Jump to MPEP Source · 37 CFR 1.11(b)Third Party Access to Files (MPEP 103, 1134.01)Reissue Application FilingReissue Patent Practice
Topic
1 rules
Topic

Application Requisites for Examination

1 rules
StatutoryRequiredAlways
[mpep-1430-b3d0120884e25510e68cc070]
Reissue Application Filing Requirements Not Announced Until Compliance
Note:
A reissue application will not be announced in the Official Gazette until all elements of a Notice to File Missing Parts have been complied with, as required by 37 CFR 1.11(b).

Where a “Notice to File Missing Parts of Reissue Application – Filing Date Granted” has been mailed by the Office for a reissue application, the reissue application will not necessarily be announced in the Official Gazette until all elements of the Notice to File Missing Parts have been complied with. This is because the information required by 37 CFR 1.11(b) for the Official Gazette announcement may be missing as indicated in the Notice to File Missing Parts. A notice of a reissue application in the Official Gazette should be published before any examination of the application. If an inadvertent failure to publish notice of the filing of the reissue application in the Official Gazette is recognized later in the examination, action should be taken to have the notice published as quickly as possible, and action on the application may be delayed until two months after the publication, allowing for any protests to be filed. For a discussion of protests, see MPEP Chapter 1900.

Jump to MPEP Source · 37 CFR 1.11(b)Application Requisites for ExaminationStatutory Authority for ExaminationExamination Procedures

Citations

Primary topicCitation
Application Requisites for Examination
Consent of Assignee
Continued Prosecution Applications
Fees for Third Party Access
Reissue Application Filing
Statutory Authority for Examination
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR § 1.11(b)
Reissue Application Filing37 CFR § 1.114
Consent of Assignee
Continued Prosecution Applications
Fees for Third Party Access
Reissue Application Filing
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR § 1.53(d)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31