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