What should an examiner do if certificate of correction changes are improperly marked in a 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.

If certificate of correction changes are improperly submitted with underlining and brackets in a reissue application, the examiner should require the applicant to correct this. The correction should be in the form of a replacement paragraph (or paragraphs) without such markings.

MPEP 1411.01 states: “If the changes are submitted improperly with underlining and brackets, the examiner will require correction by the applicant in the form of a replacement paragraph (or paragraphs) without such markings.”

In cases of extensive changes, the examiner may require a clean copy of the specification with the certificate of correction changes incorporated, after consulting with their supervisor.

Tags: Certificate of Correction, examiner requirements, mpep 1411.01, reissue application