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

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 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• The application is withdrawn from issue.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is not ready for publication as a patent at the time the Notice of Allowance is mailed, the application must be withdrawn from issue, returned to the examiner, appropriate corrective action taken, and a new Notice of Allowance mailed when the application is ready for publication.”