37 CFR § 1.177 — Issuance of multiple reissue (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.177 Issuance of multiple reissue
This page consolidates MPEP guidance interpreting 37 CFR § 1.177, including 70 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
A patent owner may file multiple reissue applications for the same patent under MPEP 3737 CFR 1.177, ensuring each application meets specific procedural and substantive requirements.
What this section covers
- Defines the filing rights of a patent owner to file multiple reissue applications for the same patent.
- Includes procedural and substantive requirements for filing concurrent reissue applications.
Key obligations
- Ensure each reissue application filed concurrently meets all filing requirements and does not duplicate prior filings.
- Clearly identify and distinguish each reissue application from others, including a cross reference to the other applications in the specification.
- Adhere to specific filing requirements outlined in 37 CFR 1.177.
Practice notes
- Ensure each reissue application is clearly labeled and includes a statement of the basis for the reissue.
- Avoid filing redundant reissue applications that do not address new issues or provide substantial new evidence.
Official MPEP § 1.177 — Issuance of multiple reissue
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.177 Issuance of multiple reissue patents.
- (a) The Office may reissue a patent as multiple reissue patents. If applicant files more than one application for the reissue of a single patent, each such application must contain or be amended to contain in the first sentence of the specification a notice stating that more than one reissue application has been filed and identifying each of the reissue applications by relationship, application number and filing date. The Office may correct by certificate of correction under § 1.322 any reissue patent resulting from an application to which this paragraph applies that does not contain the required notice.
- (b) If applicant files more than one application for the reissue of a single patent, each claim of the patent being reissued must be presented in each of the reissue applications as an amended, unamended, or canceled (shown in brackets) claim, with each such claim bearing the same number as in the patent being reissued. The same claim of the patent being reissued may not be presented in its original unamended form for examination in more than one of such multiple reissue applications. The numbering of any added claims in any of the multiple reissue applications must follow the number of the highest numbered original patent claim.
- (c) If any one of the several reissue applications by itself fails to correct an error in the original patent as required by 35 U.S.C. 251 but is otherwise in condition for allowance, the Office may suspend action in the allowable application until all issues are resolved as to at least one of the remaining reissue applications. The Office may also merge two or more of the multiple reissue applications into a single reissue application. No reissue application containing only unamended patent claims and not correcting an error in the original patent will be passed to issue by itself.
[47 FR 41272, Sept. 17, 1982, effective date Oct. 1, 1982; revised, 54 FR 6893, Feb. 15, 1989, 54 FR 9432, March 7, 1989, effective Apr. 17, 1989; revised, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000]
- Aia Practice
- Aia Overview
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- Double Patenting
- Fees
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- Issue Fee
- Notice Of Allowance
- Priority Benefit
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- Amendment Claims
- Claim Status Identifier
- Reissue Cancel Claims
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- Reissue Concurrent Proceedings
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- Reissue Oath Declaration
- Restriction
| MPEP Section | Rules |
|---|---|
| MPEP § 1306.01 | |
| MPEP § 1306.02 | |
| MPEP § 1449.01 | |
| MPEP § 1450 | |
| MPEP § 1451 | |
| MPEP § 803.05 |