How should amendments be submitted in a reissue application?

Amendments in a reissue application must be submitted according to specific rules. As per MPEP 1410: Amendments can be submitted at the time of filing the reissue application. They must comply with 37 CFR 1.173(b)-(e) and (g). Amendments can be made by either: Presenting insertions and deletions as part of the original reissue specification Submitting…

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Is it necessary to physically surrender the original patent when filing a reissue application?

No, it is no longer required to physically surrender the original patent when filing a reissue application. According to MPEP 1410: “It is no longer required that the reissue applicant physically surrender the original patent, see MPEP § 1416.“ This change simplifies the reissue application process, as applicants are not required to locate and submit…

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What is the continuing duty of disclosure in a reissue application?

Reissue applicants have a continuing duty of disclosure throughout the reissue process. According to MPEP 1410: “37 CFR 1.178(b) requires reissue applicants to call to the attention of the Office any prior or concurrent proceedings in which the patent (for which reissue is requested) is or was involved, such as interferences, reissues, reexaminations, or litigation…

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