How should disclaimers of claims be handled in a reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
Disclaimers of claims under 37 CFR 1.321(a) should be incorporated into a reissue application without using underlining or brackets. This treatment is similar to that of certificate of correction changes.
According to MPEP 1411.01: “Certificate of correction changes and disclaimer of claim(s) under 37 CFR 1.321(a) should be made without using underlining or brackets.”
This approach ensures that the disclaimers are treated as part of the original patent in the reissue application.