When is a clean copy of the specification required in a reissue application?

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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. A clean copy of the specification may be required in a reissue application when the certificate of correction changes are extensive. This requirement is at the discretion of the examiner, after consulting with their supervisor. MPEP 1411.01 states: “If the changes are extensive, a clean copy of the specification with the certificate of correction changes in it may be required by the examiner after consulting with their supervisor.” To enter this clean copy as a substitute specification, the reissue applicant must file a grantable petition under 37 CFR 1.183 for waiver of 37 CFR 1.125(d) and 37 CFR 1.173(a)(1). The examiner’s requirement for the clean copy generally serves as sufficient basis for granting this petition. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition for Waiver of Clean Copy Requirement MPEP 1411 Permitted Clean Copy Must Be Filed for Waiver Petition MPEP 1411.01 All Certificate of Correction Changes Must Be Included in Reissue Application MPEP 1411.01 Recommended Petition for Waiver Required for Clean Copy Specification MPEP 1411.01 Required Clean Copy Needed for Extensive Changes MPEP 1411.01 Required Certificate of Correction Must Not Use Underlining or Brackets MPEP 1411.01 Required Amendment of Reissue Application Must Follow Specific Procedures MPEP 1411 Required Requirements for Reissue Application MPEP 1411 Required Requirement for Claims Status and Support Explanation MPEP 1411 Required Reissue Application Must Include All Certificate of Correction Changes MPEP 1411.01 Recommended Other Related FAQs 5 FAQs Collapse What should an examiner do if certificate of correction changes are improperly marked in a reissue application? How...