MPEP § 1449.03 — Reissue Application in Derivation Proceeding (Annotated Rules)

§1449.03 Reissue Application in Derivation Proceeding

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

This page consolidates and annotates all enforceable requirements under MPEP § 1449.03, 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 Application in Derivation Proceeding

This section addresses Reissue Application in Derivation Proceeding. Primary authority: 35 U.S.C. 102 and 37 CFR 42.402. Contains: 1 permission and 2 other statements.

Key Rules

Topic

AIA vs Pre-AIA Practice

1 rules
StatutoryInformativeAlways
[mpep-1449-03-37d68177bca39e4616ab1f7b]
Requirement for Reissue Applications Subject to AIA
Note:
This rule outlines the specific requirements for reissue applications that are subject to 35 U.S.C. 102 as amended by the America Invents Act (AIA).

[Editor Note: This section is only applicable to reissue applications subject to 35 U.S.C. 102 as amended by the AIA. See MPEP § 2159 et seq.]

Jump to MPEP SourceAIA vs Pre-AIA PracticeReissue Patent PracticeNovelty / Prior Art
Topic

AIA Effective Dates

1 rules
StatutoryPermittedAlways
[mpep-1449-03-69514e222c7540d4094093cc]
Petition to Institute Derivation Proceeding Allowed
Note:
An applicant for patent, including a reissue applicant, may file a petition to institute a derivation proceeding in the Office starting from March 16, 2013.

Effective March 16, 2013, an applicant for patent, including a reissue applicant, may file a petition to institute a derivation proceeding in the Office in applications subject to derivation proceedings. See 37 CFR 42.402. For processing of derivation proceedings, see MPEP § 2310.

Jump to MPEP Source · 37 CFR 42.402AIA Effective DatesKey Changes Under AIAAssignee as Applicant Signature
Topic

Key Changes Under AIA

1 rules
StatutoryInformativeAlways
[mpep-1449-03-9cb38af268821174ab9687eb]
Petition to Institute Derivation Proceeding Allowed
Note:
An applicant can file a petition to initiate a derivation proceeding in patent applications subject to such proceedings.

Effective March 16, 2013, an applicant for patent, including a reissue applicant, may file a petition to institute a derivation proceeding in the Office in applications subject to derivation proceedings. See 37 CFR 42.402. For processing of derivation proceedings, see MPEP § 2310.

Jump to MPEP Source · 37 CFR 42.402Key Changes Under AIAAIA Effective DatesAssignee as Applicant Signature

Citations

Primary topicCitation
AIA vs Pre-AIA Practice35 U.S.C. § 102
AIA Effective Dates
Key Changes Under AIA
37 CFR § 42.402
AIA vs Pre-AIA PracticeMPEP § 2159
AIA Effective Dates
Key Changes Under AIA
MPEP § 2310

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