What happens if a reissue application is not ready for publication as a patent at the time the Notice of Allowance is mailed?

If a reissue application is not ready for publication as a patent at the time the Notice of Allowance is mailed, the following process occurs:

• The application is withdrawn from issue.
• The application is returned to the examiner.
• Appropriate corrective action is taken by the examiner.
• A new Notice of Allowance is mailed when the application is ready for publication.

This process is outlined in MPEP 1456, which states: “If the reissue application is not ready for publication as a patent at the time the Notice of Allowance is mailed, the application must be withdrawn from issue, returned to the examiner, appropriate corrective action taken, and a new Notice of Allowance mailed when the application is ready for publication.”

To learn more:

• reissue application
• Notice of Allowance
• publication
• patent examination