What is the process for filing a design reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
A design reissue application can be filed in the same manner as a utility patent reissue application. However, there are some specific procedures for design reissue applications:
- The application fee is set forth in 37 CFR 1.16(e), with additional search and examination fees required.
- Expedited examination can be requested under 37 CFR 1.155.
- Multiple design reissue applications may be filed in certain circumstances.
As stated in the MPEP, “A reissue application can be filed for a design patent in the same manner that a reissue application is filed for a utility patent.” This means that the general reissue application process applies, with some design-specific considerations.