What happens if a disclaimer of all original patent claims is filed in a reissue application?

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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. If a disclaimer of all original patent claims is filed in a reissue application with newly added claims, only the new claims will be examined. The MPEP 1450 states: “ If a disclaimer of all the original patent claims is filed in the reissue application containing newly added claims that are separate and distinct from the original patent claims, only the newly added claims will be present for examination. ” However, it’s crucial to note that once filed, a disclaimer cannot be withdrawn, regardless of the application’s status. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Newly Added Claims Must Be Examined Through Divisional Reissue MPEP 1450 Required Disclaiming Original Patent Claims Requires Examination of New Claims Only MPEP 1450 Divisional Reissue Application Must Be Examined MPEP 1450 Disclaim of Claims Cannot Be Withdrawn After Examination Begins MPEP 1450 Prohibited Disclaiming Original Patent Claims Before Examiner’s Action Required in Reissue Application MPEP 1450 Required Disclaiming Patent Claims Once Filed Cannot Be Withdrawn MPEP 1450 Prohibited Newly Added Claims Treated on Merits in Reissue Application MPEP 1450 Disclaiming Original Patent Claims After Examination MPEP 1450 Requirement for Disclaiming Original Patent Claims in Reissue MPEP 1450 Required Disclaiming Original Patent Claims Not Permitted in Reissue MPEP 1450 Permitted Other Related FAQs 5 FAQs Collapse What is the procedure for election of species in reissue applications? How does MPEP Chapter 800 apply to reissue applications? How are multiple reissue applications treated when restriction is required? What is the purpose of restriction in reissue applications? Can original patent...