Are there any exceptions to the public access policy for reissue applications?
While the general policy is to provide public access to reissue applications, there is an exception for certain types of continued prosecution applications (CPAs). According to MPEP 1470:
“37 CFR 1.11(b) opens all reissue applications to inspection by the general public.“
However, the MPEP also notes an exception:
“The filing of a continued prosecution application (CPA) under 37 CFR 1.53(d) of a design reissue application (effective July 14, 2003, CPAs are only available in design applications) will not be announced in the Official Gazette.“
While this exception relates to the announcement rather than access, it’s worth noting that CPAs of design reissue applications are treated differently in terms of public notification.
To learn more: