What is the initial review process for a reissue application?

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.

The initial review process for a reissue application involves several key steps:

• The examiner consults the Examiner Reissue Guide and Checklist for basic guidance.
• The examiner inspects the submission under 37 CFR 1.172 for documentary evidence of chain of title.
• The examiner compares the consent and documentary evidence of ownership.
• The examiner checks if the filing has been announced in the Official Gazette.
• The examiner determines if there is concurrent litigation.
• The examiner checks for any filed protests.
• The examiner verifies that all certificate of correction changes have been incorporated.
• The examiner confirms that the patent has not expired.

As stated in the MPEP: “On initial receipt of a reissue application, the examiner should inspect the submission under 37 CFR 1.172 as to documentary evidence of a chain of title from the original owner to the assignee to determine whether the consent requirement of 37 CFR 1.172 has been met.”