How can an applicant correct an error after allowance of a reissue application?

To correct an error after allowance of a reissue application, the applicant must follow these steps:

1. Submit an amendment of the patent in accordance with 37 CFR 1.312.
2. File the amendment before or with the payment of the issue fee.
3. Include remarks that fully and clearly state:
   • Why the amendment is needed
   • Why the proposed amended or new claims require no additional search or examination
   • Why the claims are patentable
   • Why they were not presented earlier

The MPEP states: Because the amendment seeks to correct an error in the patent, the amendment will affect the disclosure, the scope of a claim, or add a claim. Thus, in accordance with MPEP § 714.16, the remarks accompanying the amendment must fully and clearly state: followed by the four points mentioned above.

For reissue applications filed before September 16, 2012, a supplemental reissue oath/declaration must accompany the amendment, stating that the error(s) to be corrected arose without any deceptive intention on the part of the applicant.

To learn more:

• error correction after allowance
• reissue application amendment
• post-allowance procedures