What is the process for reissuing a design patent?

The process for reissuing a design patent follows the general practice and procedure outlined in MPEP Chapter 1400. Specifically for design reissue applications, refer to MPEP § 1457. The MPEP states:

“See MPEP Chapter 1400 for practice and procedure in reissue applications. See also MPEP § 1457 regarding design reissue applications.”

It’s important to note that while a design patent can be reissued to correct errors, “The term of a design patent may not be extended by reissue.” This limitation is based on the case Ex parte Lawrence, 70 USPQ 326 (Comm’r Pat. 1946).

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Tags: design patent, mpep 1457, mpep chapter 1400, patent term