What are the requirements for amending claims 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.
When amending claims in a reissue application:
- Present the entire text of each amended claim
- Underline any added matter
- Enclose any deleted matter in brackets
- For new claims, present the entire claim with underlining
- Cancel claims by stating “Cancel claim X” without presenting the text
- Do not renumber original patent claims
The MPEP states: “37 CFR 1.173(b)(2) requires that: (A) For each claim that is being amended by the amendment being submitted (the current amendment), the entire text of the claim must be presented with markings as defined above; (B) For each new claim added to the reissue by the amendment being submitted (the current amendment), the entire text of the added claim must be presented completely underlined; (C) A patent claim should be canceled by a direction to cancel that claim.“