What are the basic requirements for filing 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.
A reissue application must contain the same parts as an original patent application, with some additional requirements specific to reissues. According to MPEP 1410:
- A copy of the printed patent in double column format
- A reissue oath or declaration complying with 37 CFR 1.63 and 37 CFR 1.175
- Consent of assignee (if assigned) and evidence of ownership
- Any amendments, which must comply with 37 CFR 1.173(b)-(e) and (g)
The MPEP states: “The specification (including the claims and any drawings) of the reissue application is the copy of the printed patent for which reissue is requested that is submitted by applicant as part of the initial application papers.“