Do I need to resubmit all ‘References Cited’ from the original patent in a reissue application?
No, you are not required to resubmit all ‘References Cited’ from the original patent in a reissue application. The MPEP clearly states:
“Note that the Office imposes no responsibility on a reissue applicant to resubmit, in a reissue application, all the ‘References Cited’ in the patent for which reissue is sought.”
However, it’s important to remember that you still have a continuing duty under 37 CFR 1.56 to disclose any information that is material to the patentability of the claims under consideration in the reissue application. This means that while you don’t need to automatically resubmit all previously cited references, you should submit any that are particularly relevant to the claims in the reissue application or any new information that has come to light since the original patent was issued.
To learn more: