Is there a diligence requirement for filing narrowing reissue applications?
While the MPEP 1403 generally does not impose a diligence requirement for filing reissue applications, especially within the first two years, recent court decisions have considered diligence in certain cases. The MPEP states: “While examiners should not make rejections based on lack of diligence (which does not include rejections under 35 U.S.C. 251 for a…
Read MoreHow does the reissue oath/declaration differ for broadening vs. narrowing reissues?
The reissue oath/declaration requirements differ slightly for broadening and narrowing reissues. According to MPEP 1414: “For broadening reissue applications, the reissue oath/declaration must identify a claim that the application seeks to broaden. A general statement, e.g., that all claims are broadened, is not sufficient to satisfy this requirement.” For broadening reissues: Identify at least one…
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