What is the process for reissuing a design patent?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 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). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Expedited Processing for Design Reissue Applications MPEP 1457 Expedited Examination for Design Reissue Applications MPEP 1457 Fees for Design Reissue Applications Required MPEP 1457 Claim Limitation for Design Reissue Applications MPEP 1457 Permitted Design Patent Term Cannot Be Extended By Reissue MPEP 1457 Prohibited Procedures for Design Reissue Applications MPEP 1457 Reissue Cannot Extend Design Patent Term MPEP 1457 Prohibited Fee for Issuing Design Reissue Patent Set MPEP 1457 Reissue Application for Design Patents MPEP 1457 Permitted Expedited Examination Request for Design Reissue Applications MPEP 1457 Permitted Other Related FAQs 5 FAQs Collapse What is the process for correcting inventorship in a design reissue application? What are the fees associated with a design reissue application? What is the process for filing a design reissue application? What are the requirements for a design reissue oath or declaration? Can a design patent be converted to a utility patent through reissue?