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