How does the availability of prior art differ between original and reissue 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. In most cases, the availability of prior art for reissue applications is the same as for original applications. However, the MPEP 1445 notes that there can be rare exceptions: “Even in rare cases where, because of an amendment to the claims, the prior art available under 35 U.S.C. 102 and 103 during examination of the reissue application differs from that applied to the original application (see discussion in MPEP § 1440), the overall examination of the reissue application is conducted in the same manner as was the parent.” This means that while the examination process remains the same, amendments to claims in a reissue application might occasionally result in different prior art being applicable under 35 U.S.C. 102 and 103 . For more details on these rare cases, refer to MPEP § 1440 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Different Prior Art for Reissue MPEP 1440 Same Prior Art for Reissue as Original MPEP 1440 Permitted Reissue Application Examined Like Original MPEP 1445 Claims in Reissue Application Subject to Any Rejections MPEP 1445 Differences in Prior Art Between Reissue and Original Patent MPEP 1440 Permitted Reissue Application Examined Like Original MPEP 1445 Claims In Reissue Not Presumed Valid MPEP 1445 Recommended Restriction Between Original Claims and Unclaimed Subject Matter May Be Required MPEP 1440 Required Oath/Declaration for Reissue Must Comply with Specific Requirements MPEP 1440 Reissue Applications with Litigation Examined First 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 tran...