Can a reissue application be granted a filing date without all required documents?
Yes, according to MPEP 1403, a reissue application can be granted a filing date even if certain documents or fees are missing. The MPEP states:
“A reissue application can be granted a filing date without an oath or declaration, or without the basic filing fee, search fee, or examination fee being present. See 37 CFR 1.53(f).”
However, this doesn’t mean these items are not required. The MPEP further explains:
“Applicant will be given a period of time to provide the missing parts and to pay the surcharge under 37 CFR 1.16(f).”
This provision allows applicants to secure a filing date quickly, which can be crucial for meeting deadlines, while providing time to complete the application requirements. It’s important to note that all required documents and fees must be submitted within the given time period to avoid abandonment of the application.
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