MPEP § 1456 — Reissue Review (Annotated Rules)

§1456 Reissue Review

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

This page consolidates and annotates all enforceable requirements under MPEP § 1456, 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 Review

This section addresses Reissue Review. Contains: 2 requirements, 1 permission, and 3 other statements.

Key Rules

Topic

Quality Assurance Specialist Review

3 rules
MPEP GuidanceInformativeAlways
[mpep-1456-4856554eb8dd22ff36cef0b5]
Training Quality Assurance Specialist Reviews Reissue Applications
Note:
TQASs review reissue applications at multiple stages to ensure proper procedure and patentability, setting status flags for docketing and allowing.

All reissue applications assigned to the Technology Centers (TCs) are monitored and reviewed by the appropriate Training Quality Assurance Specialist (TQAS) (which includes TC TQASs, paralegals or other technical support who might be assigned as backup) at several stages during the prosecution. The review by the Office of the TC TQASs is made to check that practice and procedure unique to reissue has been carried out for the reissue application. In addition, a patentability review is made in a sample of reissue applications by the TC TQAS in the manner previously carried out by the former Office of Patent Quality Review. In order to ensure that TQASs are aware of the reissue applications in their TCs, a pair of terminal-specific status flags have been created which must be set by the TQAS before certain transactions can be completed. First, when a new reissue application enters the TC, a TQAS must set a status "flag" by entering the reissue application number in an Office-wide computer grouping before a docketing transaction will be accepted. By having to set this first flag, the TQAS is made aware of the assignment of the reissue application to the TC and can take steps, as may be appropriate, to instruct the examiner on reissue-specific procedures before the examination process begins, as well as throughout the examination of the reissue application. Second, the TQAS must remove the above-described status "flag" before a Notice of Allowance can be generated or the transaction for an issue revision can be entered, thereby ensuring that the TQAS is made aware of when the reissue application is being allowed so that the TQAS may be able to conduct a final review of the reissue application, if appropriate.

Jump to MPEP SourceQuality Assurance Specialist ReviewAllowance Quality ReviewStatutory Authority for Examination
MPEP GuidanceInformativeAlways
[mpep-1456-b65ee5372d3a23230ed3f923]
TC TQAS Must Verify Reissue Procedures
Note:
The TC TQAS must ensure that the unique procedures for reissue applications have been followed during prosecution.

All reissue applications assigned to the Technology Centers (TCs) are monitored and reviewed by the appropriate Training Quality Assurance Specialist (TQAS) (which includes TC TQASs, paralegals or other technical support who might be assigned as backup) at several stages during the prosecution. The review by the Office of the TC TQASs is made to check that practice and procedure unique to reissue has been carried out for the reissue application. In addition, a patentability review is made in a sample of reissue applications by the TC TQAS in the manner previously carried out by the former Office of Patent Quality Review. In order to ensure that TQASs are aware of the reissue applications in their TCs, a pair of terminal-specific status flags have been created which must be set by the TQAS before certain transactions can be completed. First, when a new reissue application enters the TC, a TQAS must set a status "flag" by entering the reissue application number in an Office-wide computer grouping before a docketing transaction will be accepted. By having to set this first flag, the TQAS is made aware of the assignment of the reissue application to the TC and can take steps, as may be appropriate, to instruct the examiner on reissue-specific procedures before the examination process begins, as well as throughout the examination of the reissue application. Second, the TQAS must remove the above-described status "flag" before a Notice of Allowance can be generated or the transaction for an issue revision can be entered, thereby ensuring that the TQAS is made aware of when the reissue application is being allowed so that the TQAS may be able to conduct a final review of the reissue application, if appropriate.

Jump to MPEP SourceQuality Assurance Specialist ReviewStatutory Authority for ExaminationPatent Numbering
MPEP GuidanceRequiredAlways
[mpep-1456-9b20a9bd665ac3bb91b616d1]
TQAS Must Set Status Flags for Reissue Applications
Note:
The TQAS must set and remove status flags to track reissue applications in their TC, ensuring proper review at key stages.

All reissue applications assigned to the Technology Centers (TCs) are monitored and reviewed by the appropriate Training Quality Assurance Specialist (TQAS) (which includes TC TQASs, paralegals or other technical support who might be assigned as backup) at several stages during the prosecution. The review by the Office of the TC TQASs is made to check that practice and procedure unique to reissue has been carried out for the reissue application. In addition, a patentability review is made in a sample of reissue applications by the TC TQAS in the manner previously carried out by the former Office of Patent Quality Review. In order to ensure that TQASs are aware of the reissue applications in their TCs, a pair of terminal-specific status flags have been created which must be set by the TQAS before certain transactions can be completed. First, when a new reissue application enters the TC, a TQAS must set a status "flag" by entering the reissue application number in an Office-wide computer grouping before a docketing transaction will be accepted. By having to set this first flag, the TQAS is made aware of the assignment of the reissue application to the TC and can take steps, as may be appropriate, to instruct the examiner on reissue-specific procedures before the examination process begins, as well as throughout the examination of the reissue application. Second, the TQAS must remove the above-described status "flag" before a Notice of Allowance can be generated or the transaction for an issue revision can be entered, thereby ensuring that the TQAS is made aware of when the reissue application is being allowed so that the TQAS may be able to conduct a final review of the reissue application, if appropriate.

Jump to MPEP SourceQuality Assurance Specialist ReviewStatutory Authority for ExaminationPatent Numbering
Topic

Allowance Quality Review

1 rules
MPEP GuidanceInformativeAlways
[mpep-1456-2696ee26b4639ad2ed58155a]
Patentability Review for Sample Reissue Applications
Note:
TC TQASs conduct a patentability review on a sample of reissue applications as previously done by the Office of Patent Quality Review.

All reissue applications assigned to the Technology Centers (TCs) are monitored and reviewed by the appropriate Training Quality Assurance Specialist (TQAS) (which includes TC TQASs, paralegals or other technical support who might be assigned as backup) at several stages during the prosecution. The review by the Office of the TC TQASs is made to check that practice and procedure unique to reissue has been carried out for the reissue application. In addition, a patentability review is made in a sample of reissue applications by the TC TQAS in the manner previously carried out by the former Office of Patent Quality Review. In order to ensure that TQASs are aware of the reissue applications in their TCs, a pair of terminal-specific status flags have been created which must be set by the TQAS before certain transactions can be completed. First, when a new reissue application enters the TC, a TQAS must set a status "flag" by entering the reissue application number in an Office-wide computer grouping before a docketing transaction will be accepted. By having to set this first flag, the TQAS is made aware of the assignment of the reissue application to the TC and can take steps, as may be appropriate, to instruct the examiner on reissue-specific procedures before the examination process begins, as well as throughout the examination of the reissue application. Second, the TQAS must remove the above-described status "flag" before a Notice of Allowance can be generated or the transaction for an issue revision can be entered, thereby ensuring that the TQAS is made aware of when the reissue application is being allowed so that the TQAS may be able to conduct a final review of the reissue application, if appropriate.

Jump to MPEP SourceAllowance Quality ReviewQuality Assurance Specialist ReviewStatutory Authority for Examination
Topic

Patent Numbering

1 rules
MPEP GuidanceRequiredAlways
[mpep-1456-150e6cb1cbcf55a0b445a781]
TQAS Must Set Reissue Application Status Flag Before Docketing
Note:
The TQAS must enter the reissue application number into an Office-wide computer system before a docketing transaction can be accepted, ensuring the TC is aware of the assignment and can instruct on reissue-specific procedures.

All reissue applications assigned to the Technology Centers (TCs) are monitored and reviewed by the appropriate Training Quality Assurance Specialist (TQAS) (which includes TC TQASs, paralegals or other technical support who might be assigned as backup) at several stages during the prosecution. The review by the Office of the TC TQASs is made to check that practice and procedure unique to reissue has been carried out for the reissue application. In addition, a patentability review is made in a sample of reissue applications by the TC TQAS in the manner previously carried out by the former Office of Patent Quality Review. In order to ensure that TQASs are aware of the reissue applications in their TCs, a pair of terminal-specific status flags have been created which must be set by the TQAS before certain transactions can be completed. First, when a new reissue application enters the TC, a TQAS must set a status "flag" by entering the reissue application number in an Office-wide computer grouping before a docketing transaction will be accepted. By having to set this first flag, the TQAS is made aware of the assignment of the reissue application to the TC and can take steps, as may be appropriate, to instruct the examiner on reissue-specific procedures before the examination process begins, as well as throughout the examination of the reissue application. Second, the TQAS must remove the above-described status "flag" before a Notice of Allowance can be generated or the transaction for an issue revision can be entered, thereby ensuring that the TQAS is made aware of when the reissue application is being allowed so that the TQAS may be able to conduct a final review of the reissue application, if appropriate.

Jump to MPEP SourcePatent NumberingQuality Assurance Specialist ReviewStatutory Authority for Examination
Topic

Statutory Authority for Examination

1 rules
MPEP GuidancePermittedAlways
[mpep-1456-3437f2b7078a7f9e714489dd]
TQAS Must Set Reissue Application Flag Before Examination
Note:
The TQAS must set a flag for reissue applications before examination begins and remove it after issuance, ensuring appropriate procedures are followed.

All reissue applications assigned to the Technology Centers (TCs) are monitored and reviewed by the appropriate Training Quality Assurance Specialist (TQAS) (which includes TC TQASs, paralegals or other technical support who might be assigned as backup) at several stages during the prosecution. The review by the Office of the TC TQASs is made to check that practice and procedure unique to reissue has been carried out for the reissue application. In addition, a patentability review is made in a sample of reissue applications by the TC TQAS in the manner previously carried out by the former Office of Patent Quality Review. In order to ensure that TQASs are aware of the reissue applications in their TCs, a pair of terminal-specific status flags have been created which must be set by the TQAS before certain transactions can be completed. First, when a new reissue application enters the TC, a TQAS must set a status "flag" by entering the reissue application number in an Office-wide computer grouping before a docketing transaction will be accepted. By having to set this first flag, the TQAS is made aware of the assignment of the reissue application to the TC and can take steps, as may be appropriate, to instruct the examiner on reissue-specific procedures before the examination process begins, as well as throughout the examination of the reissue application. Second, the TQAS must remove the above-described status "flag" before a Notice of Allowance can be generated or the transaction for an issue revision can be entered, thereby ensuring that the TQAS is made aware of when the reissue application is being allowed so that the TQAS may be able to conduct a final review of the reissue application, if appropriate.

Jump to MPEP SourceStatutory Authority for ExaminationExamination ProceduresQuality Assurance Specialist Review
Topic

Patent Issue and Publication

1 rules
MPEP GuidanceRequiredAlways
[mpep-1456-a76557c3118383a4a585a4a5]
TQAS Must Remove Status Flag Before Allowance
Note:
The TQAS must remove the status 'flag' before a Notice of Allowance can be generated to ensure they are aware when the reissue application is being allowed for final review.

All reissue applications assigned to the Technology Centers (TCs) are monitored and reviewed by the appropriate Training Quality Assurance Specialist (TQAS) (which includes TC TQASs, paralegals or other technical support who might be assigned as backup) at several stages during the prosecution. The review by the Office of the TC TQASs is made to check that practice and procedure unique to reissue has been carried out for the reissue application. In addition, a patentability review is made in a sample of reissue applications by the TC TQAS in the manner previously carried out by the former Office of Patent Quality Review. In order to ensure that TQASs are aware of the reissue applications in their TCs, a pair of terminal-specific status flags have been created which must be set by the TQAS before certain transactions can be completed. First, when a new reissue application enters the TC, a TQAS must set a status "flag" by entering the reissue application number in an Office-wide computer grouping before a docketing transaction will be accepted. By having to set this first flag, the TQAS is made aware of the assignment of the reissue application to the TC and can take steps, as may be appropriate, to instruct the examiner on reissue-specific procedures before the examination process begins, as well as throughout the examination of the reissue application. Second, the TQAS must remove the above-described status "flag" before a Notice of Allowance can be generated or the transaction for an issue revision can be entered, thereby ensuring that the TQAS is made aware of when the reissue application is being allowed so that the TQAS may be able to conduct a final review of the reissue application, if appropriate.

Jump to MPEP SourcePatent Issue and PublicationQuality Assurance Specialist ReviewStatutory Authority for Examination

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