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 § 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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