How are reissue applications examined compared to original applications?

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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. Reissue applications are examined in the same manner as original, non-reissue, non-provisional applications. This is explicitly stated in 37 CFR 1.176 , which says that a reissue application, “including all the claims therein, is subject to ‘be examined in the same manner as a non-reissue, non-provisional application.'” This means that examiners will apply the same level of scrutiny and use the same examination procedures for reissue applications as they would for any other patent application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reissue Application Examined Like Original MPEP 1445 Claims in Reissue Application Subject to Any Rejections MPEP 1445 Reissue Application Examined Like Original MPEP 1445 Same Prior Art for Reissue as Original MPEP 1440 Permitted Claims In Reissue Not Presumed Valid MPEP 1445 Recommended Reissue Application Subject to AIA Provisions MPEP 1440 Reissue Applications Subject to Revised Pre-AIA 103(c) MPEP 2146 Different Prior Art for Reissue MPEP 1440 Reissue Patents Subject to Pre-AIA 35 U.S.C. 103(c) Changes MPEP 2146 Claims of Reissue Evaluated as Original Patent MPEP 1440 Other Related FAQs 5 FAQs Collapse Can new rejections be made in a reissue application that weren&#8217;t made in the original patent? What is the non-electronic filing portion of the PCT transmittal fee? Do claims in a reissue application have a presumption of validity? How does the availability of prior art differ between original and reissue applications? Can prior art considered during the original patent examination be used again in a reissue application?