What are the special considerations for amending a reissue application with prior changes?
When amending a reissue application where the patent has undergone prior changes:
- For a previously reissued patent: Use double underlining and double bracketing to show changes relative to the first reissue
- For a patent with a certificate of correction: Present the amendment as if changes from the certificate are part of the original patent
- For a patent with a statutory disclaimer: Delete disclaimed claims by lining through, not with brackets
The MPEP provides specific guidance: “As per MPEP § 1411, double underlining and double bracketing are used in the second reissue application to show amendments made relative to the first reissue patent.” For certificates of correction: “An amendment in the reissue application must be presented as if the changes made to the original patent text via the certificate of correction are a part of the original patent.” And for statutory disclaimers: “Any claim statutorily disclaimed is no longer in the patent, and such a claim cannot be amended. A disclaimed claim must be deleted by a direction to strike through the claim, i.e., the statutorily disclaimed claim(s) should be lined through, and not surrounded by brackets.“
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