37 CFR § 1.171 — Application for reissue. (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.171, including 13 rules 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.

Summary

An application for reissue must contain the same parts required for an original patent, complying with all rules relating thereto except as otherwise provided.

What this section covers

The Application for Reissue covers the content requirements that must be included in a reissue application, mirroring those of an original patent application.

Key obligations

Include all parts of an original patent application in a reissue application.
Comply with all rules relating to the original application except as otherwise provided.
Ensure compliance with 37 CFR 1.171 when filing a reissue application.

Practice notes

Ensure all claims are properly formatted and supported by the specification.
Update drawings if necessary when filing a reissue application to reflect any changes or corrections.

Patent Reissue Criteria Without Deceptive IntentMPEP 1401
Correction Without Deceptive Intention Required for Pre-AIA Patent ReissueMPEP 1401Required
AIA Amends Reissue Error CorrectionMPEP 1401
Reissue After September 16, 2012MPEP 1401
Reissue Rules for Patents Effective Post-2012MPEP 1401
Parts of Reissue Application Must Comply with Original Patent RulesMPEP 1410Required
Original Claims Examined Same As New ApplicationsMPEP 1440Required
Differences in Prior Art Between Reissue and Original PatentMPEP 1440Permitted
Oath/Declaration for Reissue Must Comply with Specific RequirementsMPEP 1440
Reissue Applications with Litigation Examined FirstMPEP 1440
Reissue Oath/Declaration Content Not Affected by 1.48MPEP 602.01(c)
Inventorship Correction via Reissue ApplicationMPEP 602.01(c)
Correcting Inventorship via Certificate of CorrectionMPEP 602.01(c)

Correction Without Deceptive Intention Required for Pre-AIA Patent ReissueMPEP 1401Required
Parts of Reissue Application Must Comply with Original Patent RulesMPEP 1410Required
Original Claims Examined Same As New ApplicationsMPEP 1440Required

MPEP Section	Rules
MPEP § 1401	Patent Reissue Criteria Without Deceptive IntentMPEP 1401 Correction Without Deceptive Intention Required for Pre-AIA Patent ReissueMPEP 1401Required AIA Amends Reissue Error CorrectionMPEP 1401 Reissue After September 16, 2012MPEP 1401 Reissue Rules for Patents Effective Post-2012MPEP 1401
MPEP § 1410	Parts of Reissue Application Must Comply with Original Patent RulesMPEP 1410Required
MPEP § 1440	Original Claims Examined Same As New ApplicationsMPEP 1440Required Differences in Prior Art Between Reissue and Original PatentMPEP 1440Permitted Oath/Declaration for Reissue Must Comply with Specific RequirementsMPEP 1440 Reissue Applications with Litigation Examined FirstMPEP 1440
MPEP § 602.01(c)	Reissue Oath/Declaration Content Not Affected by 1.48MPEP 602.01(c) Inventorship Correction via Reissue ApplicationMPEP 602.01(c) Correcting Inventorship via Certificate of CorrectionMPEP 602.01(c)

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.171 — Application for reissue. (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.171 Application for reissue.

Summary

Official MPEP § 1.171 — Application for reissue.

1.171 Application for reissue.

Verbatim in MPEP

Required Actions

Topics

MPEP Coverage

Related Provisions