Do I need to submit a new certified copy of the foreign application when filing a reissue application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, you do not need to submit a new certified copy of the foreign application when filing a reissue application, provided that the certified copy was submitted in the original patent application. According to MPEP 1417 : “No additional certified copy of the foreign application is necessary.” The section further refers to MPEP § 215 for more information on certified copies of foreign priority documents. However, it’s important to note that while a new certified copy is not required, you must still make the claim for priority in the reissue application. The MPEP states: “A claim for priority to an earlier filing date in a foreign country under 35 U.S.C. 119(a)-(d) must be made in a reissue application, even though such a claim was previously made in the application for the original patent to be reissued.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Identify Certified Copy Application for Priority Claim MPEP 215 Permitted Certified Copy of Foreign Application as Filed Required MPEP 215 Required Foreign Priority Claim Must Be Made In Reissue MPEP 1417 Required Certified Copy Not Required for Later Applications MPEP 215 Examiner Must Acknowledge Foreign Priority Claim MPEP 215 Recommended Filing of Foreign Priority Papers Completes US Patent File MPEP 215 Specification and Drawings of Foreign Application Required MPEP 215 Use Form Paragraph for Priority Claim MPEP 215 Recommended Certified Copy Must Be Original Foreign Application MPEP 215 Requirement for Filing Certified Copy of Foreign Application in Reissue MPEP 1417 Other Related FAQs 5 FAQs Collapse How do I claim priority to a foreign application in a reissue patent application? What happens to foreign prio...