What is the role of a preliminary amendment in 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.
A preliminary amendment plays a significant role in reissue applications. According to MPEP 1440:
“A preliminary amendment may be filed with the reissue application to amend the claims and/or specification. Where a preliminary amendment is filed with the reissue application, it must comply with the provisions of 37 CFR 1.173.”
The key aspects of a preliminary amendment in reissue applications include:
- It can be used to amend the claims or specification of the original patent
- Must comply with 37 CFR 1.173, which outlines specific requirements for reissue amendments
- Should clearly indicate the changes being made relative to the original patent
- Cannot introduce new matter not present in the original patent
Examiners must carefully review preliminary amendments to ensure they meet all requirements and do not introduce new matter. If issues are found, the examiner should address them in the first Office action.