MPEP § 1470 — Public Access to Reissue Applications (Annotated Rules)
§1470 Public Access to Reissue Applications
This page consolidates and annotates all enforceable requirements under MPEP § 1470, 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.
Public Access to Reissue Applications
This section addresses Public Access to Reissue Applications. Primary authority: 37 CFR 1.11(b), 37 CFR 1.53(d)), and 37 CFR 1.53(d). Contains: 1 guidance statement and 6 other statements.
Key Rules
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR 1.11(b) opens all reissue applications to inspection by the general public. 37 CFR 1.11(b) also provides for announcement of the filings of reissue applications in the Official Gazette (except for continued prosecution applications filed under 37 CFR 1.53(d)). This announcement will give interested members of the public an opportunity to submit to the examiner information pertinent to patentability of the reissue application.
37 CFR 1.11(b) opens all reissue applications to inspection by the general public. 37 CFR 1.11(b) also provides for announcement of the filings of reissue applications in the Official Gazette (except for continued prosecution applications filed under 37 CFR 1.53(d)). This announcement will give interested members of the public an opportunity to submit to the examiner information pertinent to patentability of the reissue application.
IFW reissue application files are open to inspection by the general public by way of Patent Center via the USPTO Internet site. In viewing the images of the files, members of the public will be able to view the entire content of the reissue application file history. To access Patent Center, a member of the public should go to the USPTO website at www.uspto.gov.
IFW reissue application files are open to inspection by the general public by way of Patent Center via the USPTO Internet site. In viewing the images of the files, members of the public will be able to view the entire content of the reissue application file history. To access Patent Center, a member of the public should go to the USPTO website at www.uspto.gov.
IFW reissue application files are open to inspection by the general public by way of Patent Center via the USPTO Internet site. In viewing the images of the files, members of the public will be able to view the entire content of the reissue application file history. To access Patent Center, a member of the public should go to the USPTO website at www.uspto.gov.
Application Types and Filing
37 CFR 1.11(b) opens all reissue applications to inspection by the general public. 37 CFR 1.11(b) also provides for announcement of the filings of reissue applications in the Official Gazette (except for continued prosecution applications filed under 37 CFR 1.53(d)). This announcement will give interested members of the public an opportunity to submit to the examiner information pertinent to patentability of the reissue application.
Continued Prosecution Applications
The filing of a continued prosecution application (CPA) under 37 CFR 1.53(d) of a design reissue application (effective July 14, 2003, CPAs are only available in design applications) will not be announced in the Official Gazette. Although the filing of a continued prosecution application of a reissue application constitutes the filing of a reissue application, the announcement of the filing of such continued prosecution application would be redundant in view of the announcement of the filing of the prior reissue application in the Official Gazette.
Citations
| Primary topic | Citation |
|---|---|
| Application Types and Filing Third Party Access to Files (MPEP 103, 1134.01) | 37 CFR § 1.11(b) |
| Application Types and Filing Continued Prosecution Applications 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.
Official MPEP § 1470 — Public Access to Reissue Applications
Source: USPTO1470 Public Access to Reissue Applications [R-10.2019]
37 CFR 1.11(b) opens all reissue applications to inspection by the general public. 37 CFR 1.11(b) also provides for announcement of the filings of reissue applications in the Official Gazette (except for continued prosecution applications filed under 37 CFR 1.53(d)). This announcement will give interested members of the public an opportunity to submit to the examiner information pertinent to patentability of the reissue application.
The filing of a continued prosecution application (CPA) under 37 CFR 1.53(d) of a design reissue application (effective July 14, 2003, CPAs are only available in design applications) will not be announced in the Official Gazette. Although the filing of a continued prosecution application of a reissue application constitutes the filing of a reissue application, the announcement of the filing of such continued prosecution application would be redundant in view of the announcement of the filing of the prior reissue application in the Official Gazette.
IFW reissue application files are open to inspection by the general public by way of Patent Center via the USPTO Internet site. In viewing the images of the files, members of the public will be able to view the entire content of the reissue application file history. To access Patent Center, a member of the public should go to the USPTO website at www.uspto.gov.