What additional requirements must be considered when examining a reissue application?

Question

Accepted Answer

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. While reissue applications are examined similarly to non-reissue applications, there are additional requirements specific to reissues. The MPEP 1440 outlines: “In addition, the application will be examined with respect to compliance with 37 CFR 1.171-1.178 relating specifically to reissue applications, for example, the reissue oath or declaration will be carefully reviewed for compliance with 37 CFR 1.175 .” These additional requirements include: Compliance with reissue-specific regulations (37 CFR 1.171-1.178) Careful review of the reissue oath or declaration Consideration of the original patent file wrapper/file history Examiners must ensure that these reissue-specific requirements are met in addition to the standard patentability criteria. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Review Original Patent File History When Examining Reissue Application MPEP 1440 Recommended Requirement for Reexamining Pre-AIA Reissue Applications MPEP 1440 Reissue Applications with Litigation Examined First MPEP 1440 Reissue Application Subject to AIA Provisions MPEP 1440 Oath/Declaration for Reissue Must Comply with Specific Requirements MPEP 1440 Divisional Reissue Application Must Be Examined MPEP 1450 Same Prior Art for Reissue as Original MPEP 1440 Permitted Different Prior Art for Reissue MPEP 1440 Original Claims Examined Same As New Applications MPEP 1440 Required Restriction Between Original Claims and Unclaimed Subject Matter May Be Required MPEP 1440 Required Other Related FAQs 5 FAQs Collapse How does the America Invents Act (AIA) affect the examination of reissue applications? What are the requirements for submitting drawings in a reissue application? What is...