MPEP § 1401 — MPEP § 1401
Current through: 2022-07-01

1401-Reissue 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1400 

 Section 1401 
 

 
 
 
 
 
 1401 Reissue [R-08.2017]

 
 35 U.S.C. 251 
 Reissue of defective patents 

 
 (a) IN GENERAL.—Whenever any patent is, through error,
 deemed wholly or partly inoperative or invalid, by reason of a defective
 specification or drawing, or by reason of the patentee claiming more or less than
 he had a right to claim in the patent, the Director shall, on the surrender of
 such patent and the payment of the fee required by law, reissue the patent for the
 invention disclosed in the original patent, and in accordance with a new and
 amended application, for the unexpired part of the term of the original patent. No
 new matter shall be introduced into the application for reissue.
 

 (b) MULTIPLE REISSUED PATENTS.— The Director may issue
 several reissued patents for distinct and separate parts of the thing patented,
 upon demand of the applicant, and upon payment of the required fee for a reissue
 for each of such reissued patents.
 

 (c) APPLICABILITY OF THIS TITLE.— The provisions of this
 title relating to applications for patent shall be applicable to applications for
 reissue of a patent, except that application for reissue may be made and sworn to
 by the assignee of the entire interest if the application does not seek to enlarge
 the scope of the claims of the original patent or the application for the original
 patent was filed by the assignee of the entire interest.
 

 (d) REISSUE PATENT ENLARGING SCOPE OF CLAIMS.—No
 reissued patent shall be granted enlarging the scope of the claims of the original
 patent unless applied for within two years from the grant of the original
 patent.
 

 
 

 
 35 U.S.C. 251 
 (pre-AIA) Reissue of defective patents. 

 Whenever any patent is, through error without any deceptive intention,
 deemed wholly or partly inoperative or invalid, by reason of a defective specification
 or drawing, or by reason of the patentee claiming more or less than he had a right to
 claim in the patent, the Director shall, on the surrender of such patent and the payment
 of the fee required by law, reissue the patent for the invention disclosed in the
 original patent, and in accordance with a new and amended application, for the unexpired
 part of the term of the original patent. No new matter shall be introduced into the
 application for reissue.
 

 The Director may issue several reissued patents for distinct and
 separate parts of the thing patented, upon demand of the applicant, and upon payment of
 the required fee for a reissue for each of such reissued patents.
 

 The provisions of this title relating to applications for patent shall
 be applicable to applications for reissue of a patent, except that application for
 reissue may be made and sworn to by the assignee of the entire interest if the
 application does not seek to enlarge the scope of the claims of the original patent.
 

 No reissued patent shall be granted enlarging the scope of the claims
 of the original patent unless applied for within two years from the grant of the
 original patent.
 

 

 In this chapter, for reissue applications filed before
 September 16, 2012, all references to pre-AIA 35 U.S.C. 251 and
 253 
 and pre-AIA 37 CFR
 1.172 , 1.175 , 1.321 , and
 3.73 are to the law and rules in effect on September 15, 2012. 
 

 35 U.S.C.
 251 and pre-AIA 35 U.S.C. 251 permit the
 reissue of a patent to correct an error in the patent and provide criteria for the reissue.
 Pre-AIA 35 U.S.C.
 251 requires that any error to be corrected must have been made
 “without deceptive intention.” Effective September 16, 2012, Public Law 112-29, sec. 20,
 125 Stat. 284 (Leahy-Smith America Invents Act (AIA)), amended 35 U.S.C. 251 to
 eliminate the “without deceptive intention” clause. This law as amended applies to reissue
 applications filed on or after September 16, 2012. 37 CFR 1.171 through 1.178 are rules
 directed to reissue. 
 

 An Office action in a reissue application should include
 form paragraph 14.01 . 
 

 ¶ 14.01 Reissue Application, Applicable Laws and Rules
 Heading
 

 For reissue applications filed before September 16, 2012, all
 references to 35 U.S.C.
 251 and 37 CFR 1.172 , 1.175 , and
 3.73 
 are to the law and rules in effect on September 15, 2012. Where specifically designated, these
 are “pre-AIA” provisions.
 

 For reissue applications filed on or after September 16, 2012,
 all references to 35
 U.S.C. 251 and 37 CFR 1.172 , 1.175 , and
 3.73 are to the current provisions.
 

 Examiner Note:
 
 This paragraph should be used as a heading in all Office
 actions in reissue applications.
 
 
 

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 1400.01-Introduction 

 1401-Reissue 

 1402-Grounds for Filing 

 1403-Diligence in Filing 

 1404-Submission of Papers Where Reissue Patent Is in Litigation 

 1405-Reissue and Patent Term 

 1406-Citation and Consideration of References Cited in Original Patent 

 1407-1409-[Reserved] 

 1410-Content of Reissue Application 
 1410.01-Reissue Applicant and Inventor's Oath or Declaration 

 1410.02-Assignee Consent to the Reissue 

 
 

 1411-Form of Specification 
 1411.01-Certificate of Correction or Disclaimer in Original Patent 

 1411.02-New Matter 

 
 

 1412-Content of Claims 
 1412.01-Reissue Claims Must Be for Same General Invention 

 1412.02-Recapture of Canceled Subject Matter 

 1412.03-Broadening Reissue Claims 

 1412.04-Correction of Inventorship By Reissue 

 1412.05-Correction of Inventorship in a Broadening Reissue Application 

 
 

 1413-Drawings 

 1414-Content of Reissue Oath/Declaration 
 1414.01-Reissue Oath or Declaration in Reissue Application Filed On or After September 16, 2012 

 1414.02-Reissue Oath or Declaration in Reissue Application Filed Before September 16, 2012 

 1414.03-Supplemental Reissue Oath/Declaration 

 
 

 1415-Reissue Application and Issue Fees 
 1415.01-Maintenance Fees on the Original Patent 

 
 

 1416-No Physical Surrender of Original Patent 

 1417-Claim for Priority Under 35 U.S.C. 119(a)-(d) 

 1418-Notification of Prior/Concurrent Proceedings and Decisions Thereon, and of Information Known To Be Material to Patentability 

 1419-1429-[Reserved] 

 1430-Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette 

 1431-1439-[Reserved] 

 1440-Examination of Reissue Application 

 1441-Two-Month Delay Period 
 1441.01-Protest and Pre-issuance Submission in Reissue Applications 

 
 

 1442-Special Status 
 1442.01-Litigation-Related or PTAB Trial-Related Reissues 

 1442.02-Concurrent Litigation or Trial Before the Patent Trial and Appeal Board 

 1442.03-Litigation Stayed 

 1442.04-Litigation Involving Patent 

 1442.05-Court Ordered Filing of Reissue Application 

 
 

 1443-Initial Examiner Review 

 1444-Review of Reissue Oath/Declaration 

 1445-Reissue Application Examined in Same Manner as Original Application 

 1446-1447-[Reserved] 

 1448-Fraud, Inequitable Conduct, or Duty of Disclosure Issues 

 1449-Protest Filed in Reissue Where Patent Is in Interference or Contested Case 
 1449.01-Concurrent Office Proceedings 

 1449.02-Interference in Reissue 

 1449.03-Reissue Application in Derivation Proceeding 

 
 

 1450-Restriction and Election of Species Made in Reissue Application 

 1451-Divisional Reissue Applications; Continuation Reissue Applications Where the Parent is Pending 

 1452-Request for Continued Examination of Reissue Application 

 1453-Amendments to Reissue Applications 

 1454-Appeal Brief 

 1455-Allowance and Issue 

 1456-Reissue Review 

 1457-Design Reissue Applications and Patents 

 1458-1459-[Reserved] 

 1460-Effect of Reissue 

 1461-1469-[Reserved] 

 1470-Public Access to Reissue Applications 

 1471-1479-[Reserved] 

 1480-Certificates of Correction — Office Mistake 
 1480.01-Expedited Issuance of Certificates of Correction - Error Attributable to Office 

 
 

 1481-Certificates of Correction - Applicant’s Mistake 
 1481.01-Correction of Assignees’ Names 

 1481.02-Correction of Named Inventor 

 1481.03-Correction of 35 U.S.C. 119 and 35 U.S.C. 120 Benefits 

 
 

 1482-1484-[Reserved] 

 1485-Handling of Request for Certificates of Correction 

 1486-1489-[Reserved] 

 1490-Disclaimers 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:34