How does MPEP Chapter 800 apply to reissue applications?

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.

MPEP Chapter 800 principles generally apply to reissue applications, but with some important considerations. The introduction states:

“The general principles set forth in this chapter apply to reissue applications, however see MPEP § 803.05 and § 1450 for a discussion of the prerequisites to making a restriction requirement in reissue applications.”

This means that while restriction and double patenting concepts are applicable to reissue applications, there are specific requirements that must be met before making a restriction requirement in a reissue application. Examiners and applicants should refer to MPEP § 803.05 and MPEP § 1450 for detailed guidance on these prerequisites.