What is the significance of the Official Gazette announcement for reissue applications?

The announcement of reissue applications in the Official Gazette is a crucial step in the reissue process:

• All reissue applications, except for continued prosecution applications (CPAs) for design patents, must be announced in the Official Gazette.
• The examiner must verify if the filing has been announced before proceeding with examination.
• If the announcement hasn’t been made, the application is returned to the Office of Patent Application Processing for handling.
• The examiner should not act on the reissue until 2 months after the announcement appears in the Official Gazette.

As stated in the MPEP: “The filing of all reissue applications, except for continued prosecution applications (CPAs) (only available for design applications) filed under 37 CFR 1.53(d), must be announced in the Official Gazette.”

For more information on the waiting period and procedure, see MPEP § 1440.

To learn more:

• Official Gazette
• reissue application
• patent announcement
• examination procedure
• waiting period