What petition is required to enter a clean copy of the specification in a reissue application?
To enter a clean copy of the specification as a substitute specification in a reissue application, the applicant must file a grantable petition under 37 CFR 1.183 for waiver of 37 CFR 1.125(d) and 37 CFR 1.173(a)(1). MPEP 1411.01 states: “For the clean copy of the specification to be entered as a substitute specification, the…
Read MoreHow should certificate of correction changes be incorporated into a reissue application?
Certificate of correction changes should be incorporated into a reissue application without underlining or bracketing. This applies to changes made by a certificate of correction dated before the filing of the reissue application or during its pendency. As stated in MPEP 1411.01: “The applicant should include any changes, additions, or deletions that were made by…
Read MoreHow should disclaimers of claims be handled in a reissue application?
Disclaimers of claims under 37 CFR 1.321(a) should be incorporated into a reissue application without using underlining or brackets. This treatment is similar to that of certificate of correction changes. According to MPEP 1411.01: “Certificate of correction changes and disclaimer of claim(s) under 37 CFR 1.321(a) should be made without using underlining or brackets.” This…
Read MoreWhat should an examiner do if certificate of correction changes are improperly marked in a reissue application?
If certificate of correction changes are improperly submitted with underlining and brackets in a reissue application, the examiner should require the applicant to correct this. The correction should be in the form of a replacement paragraph (or paragraphs) without such markings. MPEP 1411.01 states: “If the changes are submitted improperly with underlining and brackets, the…
Read MoreWhen is a clean copy of the specification required in a reissue application?
A clean copy of the specification may be required in a reissue application when the certificate of correction changes are extensive. This requirement is at the discretion of the examiner, after consulting with their supervisor. MPEP 1411.01 states: “If the changes are extensive, a clean copy of the specification with the certificate of correction changes…
Read More