Are there exceptions to announcing reissue applications in the Official Gazette?
Yes, there are exceptions to announcing reissue applications in the Official Gazette. According to MPEP 1430:
- Continued Prosecution Applications (CPAs) of design reissue applications: “The filing of a continued prosecution application (CPA) of a design reissue application under 37 CFR 1.53(d) (effective July 14, 2003, CPA practice was eliminated as to utility and plant applications) will not be announced in the Official Gazette.” This is because it would be redundant with the previous announcement of the original reissue application.
- Requests for Continued Examination (RCE): “If applicant files a Request for Continued Examination (RCE) of the reissue application under 37 CFR 1.114 (which can be filed on or after May 29, 2000 for a reissue application filed on or after June 8, 1995), such filing will not be announced in the Official Gazette.” An RCE continues prosecution of an existing reissue application and is not considered a new filing.
These exceptions help streamline the announcement process and avoid duplicate notifications for related applications.
To learn more: