MPEP § 1453 — MPEP § 1453
Current through: 2022-07-01

1453-Amendments to Reissue Applications 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1400 

 Section 1453 
 

 
 
 
 
 
 1453 Amendments to Reissue Applications [R-01.2024]

 
 37 CFR 1.121 Manner of making amendments in applications. 

 *****

 
 (i) Amendments in reissue applications. Any amendment to the
 description and claims in reissue applications must be made in accordance with
 §
 1.173 .
 

 
 *****

 

 
 37 CFR 1.173 Reissue specification, drawings, and amendments. 

 *****

 
 (b) Making amendments in a reissue application. An amendment in a
 reissue application is made either by physically incorporating the changes into
 the specification when the application is filed, or by a separate amendment paper.
 If amendment is made by incorporation, markings pursuant to paragraph (d) of this
 section must be used. If amendment is made by an amendment paper, the paper must
 direct that specified changes be made, as follows:
 
 (1) Specification other than the claims, “Large Tables” (§ 1.58(c)), a
 “Computer Program Listing Appendix” (§ 1.96(c)), a “Sequence Listing” (§
 1.821(c), or a “Sequence Listing XML” (§ 1.831(a)). 
 (i) Changes to the specification, other than to the claims, “Large Tables”
 ( § 1.58(c) ), a “Computer Program Listing
 Appendix” ( § 1.96(c) ), a
 “Sequence Listing” ( § 1.821(c) ), or a
 “Sequence Listing XML” ( §
 1.831(a) ) must be made by submission of the
 entire text of an added or rewritten paragraph, including markings
 pursuant to paragraph (d) of this section, except that an entire
 paragraph may be deleted by a statement deleting the paragraph without
 presentation of the text of the paragraph. The precise point in the
 specification where any added or rewritten paragraph is located must
 be identified.
 

 (ii) Changes to “Large Tables,” a “Computer Program Listing Appendix,” a
 “Sequence Listing,” or a “Sequence Listing XML” must be made in
 accordance with § 1.58(g) for “Large
 Tables,” § 1.96(c)(5) for a
 “Computer Program Listing Appendix,” § 1.825 for a “Sequence Listing,” and §
 1.835 for a
 “Sequence Listing XML.”
 

 
 

 (2) Claims. An amendment paper must include the entire text
 of each claim being changed by such amendment paper and of each claim being
 added by such amendment paper. For any claim changed by the amendment paper,
 a parenthetical expression “amended,” “twice amended,”
 etc. , should follow the claim number. Each changed
 patent claim and each added claim must include markings pursuant to
 paragraph (d) of this section, except that a patent claim or added claim
 should be canceled by a statement canceling the claim without presentation
 of the text of the claim.
 

 (3) Drawings. One or more patent drawings shall be amended in
 the following manner: Any changes to a patent drawing must be submitted as a
 replacement sheet of drawings which shall be an attachment to the amendment
 document. Any replacement sheet of drawings must be in compliance with
 §
 1.84 and shall include all of the figures appearing on
 the original version of the sheet, even if only one figure is amended.
 Amended figures must be identified as “Amended,” and any added figure must
 be identified as “New.” In the event that a figure is canceled, the figure
 must be surrounded by brackets and identified as “Canceled.” All changes to
 the drawing(s) shall be explained, in detail, beginning on a separate sheet
 accompanying the papers including the amendment to the drawings. 
 
 (i) A marked-up copy of any amended drawing figure,
 including annotations indicating the changes made, may be included.
 The marked-up copy must be clearly labeled as “Annotated Marked-up
 Drawings” and must be presented in the amendment or remarks section
 that explains the change to the drawings. 
 

 (ii) A marked-up copy of any amended drawing figure,
 including annotations indicating the changes made, must be provided
 when required by the examiner.
 

 
 

 
 

 (c) Status of claims and support for claim changes . Whenever there
 is an amendment to the claims pursuant to paragraph (b) of this section, there
 must also be supplied, on pages separate from the pages containing the changes,
 the status ( i.e. , pending or canceled), as of the date of the
 amendment, of all patent claims and of all added claims, and an explanation of the
 support in the disclosure of the patent for the changes made to the claims.
 

 (d) Changes shown by markings. Any changes
 relative to the patent being reissued that are made to the specification,
 including the claims but excluding “Large Tables” (§ 1.58(c) ), a
 “Computer Program Listing Appendix” (§ 1.96(c) ), a
 “Sequence Listing” (§ 1.821(c) ), and a “Sequence Listing XML” (§
 1.831(a) ) upon filing or by an amendment paper in the
 reissue application, must include the following markings:
 
 (1) The matter to be omitted by reissue must be enclosed in
 brackets; and
 

 (2) The matter to be added by reissue must be underlined.

 
 

 (e) Numbering of patent claims preserved. Patent claims may not be
 renumbered. The numbering of any claim added in the reissue application must
 follow the number of the highest numbered patent claim.
 

 (f) Amendment of disclosure may be required . The disclosure must be
 amended, when required by the Office, to correct inaccuracies of description and
 definition, and to secure substantial correspondence between the claims, the
 remainder of the specification, and the drawings.
 

 (g) Amendments made relative to the patent. All amendments must be
 made relative to the patent specification, including the claims, and drawings,
 which are in effect as of the date of filing of the reissue application.
 

 
 

 The provisions of 37 CFR 1.173(b)-(g) and those of
 37 CFR
 1.121(i) apply to amendments in reissue applications. 
 

 Amendments submitted in a reissue application, including preliminary
 amendments (i.e., amendments filed as a separate paper to accompany the filing of a reissue
 application), must comply with the practice outlined below in this section. The exception
 for examiner’s amendments to the specification and claims set forth in 37 CFR 1.121(g) does
 not apply in reissue applications. 
 

 Pursuant to 37 CFR 1.173(a) , no amendment in a
 reissue application may enlarge the scope of the claims, unless “applied for within two
 years from the grant of the original patent.” Further, the amendment may not introduce new
 matter. See MPEP §
 1412.03 for further discussion as to the time limitation on
 enlarging the scope of the patent claims in a reissue application. 
 

 All amendment changes must be made relative to the patent to be reissued.
 Pursuant to 37 CFR
 1.173(d) , any such changes which are made to the specification,
 including the claims but excluding “Large Tables” submitted in ASCII plain text as defined
 in 37 CFR
 1.58(c) , a “Computer Program Listing Appendix” as defined in
 37 CFR
 1.96(c) , a “Sequence Listing” as defined in 37 CFR 1.821(c) and a
 “Sequence Listing XML” defined in 37 CFR 1.831(a) , must be shown by
 employing the following “ markings ”:
 

 
 (A) The matter to be omitted by reissue must be enclosed in brackets;
 and
 

 (B) The matter to be added by reissue must be underlined.

 I. THE SPECIFICATION 37 CFR 1.173(b)(1)(i) relates to the
 manner of making amendments to the specification other than the claims, “Large Tables”
 submitted in ASCII plain text ( 37 CFR 1.58(c) ), a “Computer Program
 Listing Appendix” ( 37
 CFR 1.96(c) ), a “Sequence Listing” ( 37 CFR 1.821(c) )
 or a “Sequence Listing XML” ( 37 CFR 1.831(a) ). It is also not to
 be used for making amendments to the drawings. Changes to "Large Tables" must be made in
 accordance with 37 CFR 1.58(g) . Changes to a
 "Computer Program Listing Appendix" must be made in accordance with 37 CFR
 1.96(c)(5) . Changes to a "Sequence Listing" must be made in
 accordance with 37 CFR
 1.825 . Changes to a “Sequence Listing XML” must be made in
 accordance with 37 CFR 1.835 . See 37 CFR
 1.173(b)(1)(ii) .
 

 All amendments submitted under 37 CFR 1.173(b)(1)(i), which include any
 deletions or additions, must be made by submission of the entire text of each added or
 rewritten paragraph with markings (single brackets and underlining), except that an
 entire paragraph of specification text may be deleted by a statement deleting the
 paragraph without presentation of the text of the paragraph. Applicant must indicate the
 precise point where any added or rewritten paragraph is located. All bracketing and
 underlining is made in comparison to the original patent, not in
 comparison to any prior amendment in the reissue application. Thus, all paragraphs which
 are newly added to the specification of the original patent must be
 submitted as completely underlined each time they are re-submitted in the reissue
 application. 
 

 II. THE CLAIMS 37 CFR
 1.173(b)(2) relates to the manner of making amendments to the
 claims in reissue applications. It is not to be used for making amendments to the
 remainder of the specification or to the drawings. 37 CFR 1.173(b)(2) requires
 that:
 

 
 (A) For each claim that is being amended by the amendment
 being submitted (the current amendment), the entire text of the claim
 must be presented with markings as defined above;
 

 (B) For each new claim added to the reissue by the amendment
 being submitted (the current amendment), the entire text of the added
 claim must be presented completely underlined;
 

 (C) A patent claim should be canceled by a direction to cancel that
 claim, there is no need to present the patent claim surrounded by brackets;
 and
 

 (D) A new claim (previously added in the reissue) should be canceled
 by a direction to cancel that claim.
 

 
 Original patent claims are never to be renumbered; see
 37 CFR
 1.173(e) . A patent claim retains its number even if it is canceled
 in the reissue proceeding, and the numbering of any added claims must begin after the
 last original patent claim. 
 

 Pursuant to 37 CFR 1.173(c) , each amendment
 submitted must set forth the status of all patent claims and all added claims as of the
 date of the submission. The status to be set forth is whether the claim is pending or
 canceled. The failure to submit the claim status will generally result in a notification
 to applicant that the amendment before final rejection is not completely responsive (see
 37 CFR
 1.135(c) ). Such an amendment after final
 rejection will not be entered.
 

 Also pursuant to 37 CFR 1.173(c) , each claim
 amendment must be accompanied by an explanation of the support in the disclosure of the
 patent for the amendment (i.e., support for all changes made in the claim(s), whether
 insertions or deletions). The failure to submit an explanation will generally result in
 a notification to applicant that the amendment before final rejection is not completely responsive (see
 37 CFR
 1.135(c) ). Such an amendment after final
 rejection will not be entered.
 

 III. THE DRAWINGS 37 CFR
 1.173(a)(2) states that amendments to the original patent drawings
 are not permitted, and that any change to the drawings must be by way of
 37 CFR
 1.173(b)(3) . See MPEP § 1413 for the manner of making
 amendments to the drawings in a reissue application.
 

 Form paragraph 14.20.01 may be used to advise
 applicant of the proper manner of making amendments in a reissue application.
 

 ¶ 14.20.01 Amendments To Reissue-37 CFR 1.173(b) 

 Applicant is notified that any
 subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b) . In
 addition, for reissue applications filed before September 16, 2012, when any substantive
 amendment is filed in the reissue application, which amendment otherwise places the reissue
 application in condition for allowance, a supplemental oath/declaration will be required. See
 MPEP §
 1414.01 .
 

 Examiner Note:

 This form paragraph may be used in
 the first Office action to advise applicant of the proper manner of making amendments, and
 to notify applicant of the need to file a supplemental oath/declaration before the
 application can be allowed.
 

 

 Form paragraph 14.21.01 may be used to notify
 applicant that proposed amendments filed before final rejection in the
 reissue application do not comply with 37 CFR 1.173(b) .
 

 ¶ 14.21.01 Improper Amendment To Reissue - 37 CFR 1.173(b) 

 The amendment filed [1] 
 proposes amendments to [2] that do not comply with 37 CFR 1.173(b) , which
 sets forth the manner of making amendments in reissue applications. A supplemental paper
 correctly amending the reissue application is required. 
 

 A shortened statutory period for reply to this letter is set to expire
 TWO MONTHS from the mailing date of this letter.
 

 Examiner Note:
 
 1. This form paragraph may be used
 for any 37 CFR
 1.173(b) informality as to an amendment submitted in a reissue
 application prior to final rejection. After final rejection, applicant should be
 informed that the amendment will not be entered by way of an Advisory Office
 action .
 

 2. In bracket 2, specify the proposed amendments that are not in compliance.
 
 

 Note that if an informal amendment is submitted after final
 rejection, form paragraph 14.21.01 should not be used. Rather, an
 advisory Office action should be issued using Form PTOL-303 indicating that the
 amendment was not entered because it does not comply with 37 CFR 1.173(b) ,
 which sets forth the manner of making amendments in reissue applications.
 

 IV. ALL CHANGES ARE MADE VIS-À-VIS THE PATENT TO BE REISSUED When a reissue patent is printed, all underlined matter is printed in
 italics and all brackets are printed as inserted in the
 application, in order to show exactly which additions and deletions have been made to
 the patent being reissued. Therefore, all underlining and bracketing in the reissue
 application should be made relative to the text of the patent, as follows. In accordance
 with 37 CFR
 1.173(g) , all amendments in the reissue application must be made
 relative to (i.e. vis-à-vis ) the patent specification in effect as of
 the date of the filing of the reissue application. The patent specification includes the
 claims and drawings. If there was a prior change to the patent (made via a prior
 concluded reexamination certificate, reissue of the patent, certificate of correction,
 PTAB trial certificate, etc.), the first amendment of the subject reissue application
 must be made relative to the patent specification as changed by the prior proceeding or
 other mechanism for changing the patent. All amendments subsequent to the first
 amendment must also be made relative to the patent specification in effect as of the
 date of the filing of the reissue application, and not relative to the
 prior amendment.
 

 A. The Subject Patent Already Has Underlining or Bracketing If the original (or previously changed) patent includes a formula or
 equation already having underlining or bracketing therein as part of the formula or
 equation, any amendment of such formula or equation should be made by bracketing the
 entire formula and rewriting and totally underlining the amended formula in the
 re-presented paragraph of the specification or rewritten claim in which the changed
 formula or equation appears. Amendments of segments of a formula or equation should
 not be made. If the original patent includes bracketing and underlining from an
 earlier reissue, double brackets and double underlining should be used in the subject
 reissue application to identify and distinguish the present changes being made. The
 subject reissue, when printed, would include double brackets (indicating deletions
 made in the subject reissue) and boldface type (indicating material added in the
 subject reissue). If the original patent includes bracketing and underlining from an
 earlier reexamination, the reissue application must be presented as if the changes
 made to the original patent text via the reexamination certificate are a part of the
 original patent. Thus, all italicized text of the reexamination certificate is
 presented in the amendment (made in the reissue application) without italics.
 Further, any text found in brackets in the reexamination certificate is omitted in
 the amendment (made in the reissue application). Any canceled claims resulting from
 the reexamination will be lined through.
 

 V. EXAMPLES OF PROPER AMENDMENTS A substantial number of problems arise in the Office because of
 improper submission of amendments in reissue applications. In regard to status
 identifiers, examiners may accept an amendment even if the status identifier used is not
 a status identifier recommended by 37 CFR 1.173(b)(2) or
 1.121(c) .
 

 The following examples are provided to assist in
 preparation of proper amendments to reissue applications. 
 

 A. Original Patent Description or Patent Claim Amended Example (1) If it is desired to change the specification at column 4, line
 23, to replace “is” with --are--, submit a copy of the entire paragraph of
 specification of the patent being amended with underlining and bracketing, and
 point out where the paragraph is located, e.g.,
 

 
 Replace the paragraph beginning at column 4,
 line 23 with the following: 
 

 
 
 Scanning [is] are 
 controlled by clocks which are, in turn, controlled from the display tube line
 synchronization. The signals resulting from scanning the scope of the character
 are delivered in parallel, then converted into serial mode through a shift
 register wherein the shift signal frequency is controlled by a clock that is,
 in turn, controlled from the display tube line synchronization.
 

 
 

 Example (2) For changes to the claims, one must submit a copy of the entire
 patent claim with the amendments shown by underlining and bracketing, e.g.,
 

 
 Amend claim 6 as follows:

 
 
 Claim 6 (Amended). The apparatus of claim [5]
 1 wherein the [first] second 
 piezoelectric element is parallel to the [second] third 
 piezoelectric element.
 

 
 If the dependency of any original patent claim is to be changed
 by amendment, it is proper to make that original patent claim dependent upon a
 later filed higher numbered claim.
 

 
 B. Cancellation of Claim(s) Example (3) To cancel an original patent claim, in writing, direct
 cancellation of the patent claim, e.g.,
 

 
 Cancel claim 6.

 
 

 Example (4) To cancel a new claim (previously added in the reissue), in
 writing, direct cancellation of the new claim, e.g.,
 

 
 Cancel claim 15.

 
 
 C. Presentation of New Claims Example (5) Each new claim (i.e., a claim not found in the patent, that is
 newly presented in the reissue application) should be presented with underlining
 throughout the claim, including the claim number. Examiners may accept an
 amendment even if the claim number is not underlined or the status identifier(s)
 used is not a status identifier recommended by 37 CFR 1.173(b)(2) or
 1.121(c) . Although 37 CFR 1.173(b)(2) does not
 require using the status identifier “new”, its use is recommended so that
 examiners can easily identify the presentation of new claim(s). For example,
 

 
 Add claim 7 as follows:

 
 
 Claim 7 (New). The apparatus of claim 5 further comprising
 electrodes attaching to said opposite faces of the first and second
 piezoelectric elements. 

 
 Even though original claims may have been canceled, the numbering
 of the original claims does not change. Accordingly, any added claims are numbered
 beginning with the number next higher than the number of claims in the original
 patent. If new claims have been added to the reissue application which are later
 canceled before issuance of the reissue patent, the examiner will renumber any
 remaining new claims in numerical order to follow the number of claims in the
 original patent.
 

 
 D. Amendment of New Claims An amendment of a “new claim” (i.e., a claim not found in the
 patent, that was previously presented in the reissue application) must be done by
 presenting the amended “new claim” containing the amendatory material, and completely
 underlining the claim, including the claim number. Examiners may accept an amendment
 even if the claim number is not underlined or the status identifier(s) used is not a
 status identifier recommended by 37 CFR 1.173(b)(2) or
 1.121(c) . Although 37 CFR 1.173(b)(2) does not
 require using the status identifier “new”, its use is recommended so that examiners
 can easily identify the presentation of new claim(s). The presentation cannot contain
 any bracketing or other indication of what was in the previous version of the claim.
 This is because all changes in the reissue are made vis-à-vis the
 original patent, and not in comparison to the prior amendment. Although the
 presentation of the amended claim does not contain any indication of what is changed
 from the previous version of the claim, applicant must point out what is changed in
 the “Remarks” portion of the amendment. Also, per 37 CFR 1.173(c) , each change made
 in the claim must be accompanied by an explanation of the support in the disclosure
 of the patent for the change.
 

 The following is one example to illustrate a proper
 amendment of a new claim:
 

 
 First Amendment (wherein claim 11 was
 first presented): 
 

 Claim 11 (New). A knife comprising a
 handle portion and a notched blade portion. 

 In the Remarks (supplied on a separate page): 

 Status: The present application includes pending
 claims 1-11, with claims 1 and 11 being independent. With this amendment,
 applicant has added new independent claim 11. Support for this new claim is found
 in column 4, lines 26-41, column 5, lines 3-18, and column 6, lines 5-15. 
 

 Second Amendment (wherein claim 11 is
 amended): 
 

 Claim 11 (New, amended). A fishing knife
 comprising a bone handle portion and a notched blade portion. 

 In the Remarks (supplied on a separate page): 

 Status: The present application includes pending
 claims 1-11, with claims 1 and 11 being independent. With this amendment,
 applicant has amended new independent claim 11 as described below. 
 

 Claim 11: Claim 11 is amended to add “fishing”
 before “knife” and “bone” before “handle”. Support for these changes is found in
 column 4, lines 34-41 and column 6, lines 5-8, respectively. 
 

 
 E. Amendment of Original Patent Claims More Than Once The following illustrates proper claim amendment of original patent
 claims in reissue applications: 
 

 
 A. Patent claim. 

 Claim 1. A cutting means having a handle portion and a blade
 portion.
 

 B. Proper first amendment format. 

 Claim 1 (Amended). A [cutting means] knife 
 having a bone handle portion and a
 notched blade portion.
 

 C. Proper second amendment format.

 Claim 1 (Twice Amended). A [cutting means]
 knife having a handle portion and a
 serrated blade portion.
 

 

 Note that the second amendment must include the remaining changes
 previously presented in the first amendment, i.e., [cutting means]
 knife , as well as the new changes presented in the second
 amendment, i.e., serrated . 
 

 The word bone was presented in the first
 amendment and is now to be deleted in the second amendment. The word “bone” is NOT to
 be shown in brackets in the second amendment. Rather, the word “bone” is simply
 omitted from the claim, because “bone” never appeared in the patent. An explanation
 of the deletion should appear in the remarks.
 

 The word notched which was presented in the
 first amendment is replaced by the word serrated in the second
 amendment. The word notched is being deleted in the second
 amendment and did not appear in the patent; accordingly, “notched” is not shown in
 any form in the claim. The word serrated is being added in the
 second amendment, and accordingly “serrated” is added to the claim and is
 underlined.
 

 In the second amendment, the deletions of “notched” and “bone” are
 not changes from the original patent claim text and therefore are not shown in
 brackets in the second amendment. In both the first and the second amendments, the
 entire claim is presented only with the changes from the original patent
 text . 
 

 VI. ADDITIONAL EXAMPLES 
 (A) For a reissue application, where the patent was previously
 reissued: As per MPEP § 1411 , double underlining and double bracketing
 are used in the second reissue application to show amendments made relative to the
 first reissue patent
 

 (B) For a reissue application, where the patent was previously
 reexamined and a certificate has issued for the patent or the patent was subject
 to a trial before the PTAB and a certificate has issued for the patent:
 
 

 

 An amendment in the reissue application must be presented as if
 the changes made to the original patent text via the certificate are a part of the
 original patent. For example, all italicized text of the reexamination certificate
 is presented in the amendment (made in the reissue application) without italics.
 Further, any text found in brackets in the reexamination certificate is omitted in
 the amendment (made in the reissue application). A claim canceled by the
 certificate must be deleted by a direction to strike through the claim, i.e., the
 canceled claim(s) should be lined through, and not surrounded by brackets.
 

 

 (C) For a reissue application, where a certificate of correction has
 issued for the patent:
 
 

 

 An amendment in the reissue application must be presented as if
 the changes made to the original patent text via the certificate of correction are
 a part of the original patent. Thus, all text added by certificate of correction
 is presented in the amendment (made in the reissue application) without italics.
 Further, any text deleted by certificate of correction is entirely omitted in the
 amendment (made in the reissue application). A claim canceled by the certificate
 of correction must be deleted by a direction to strike through the claim, i.e.,
 the canceled claim(s) should be lined through, and not surrounded by brackets.
 

 

 (D) For a reissue application, where a statutory disclaimer has
 issued for the patent:
 
 

 

 Any claim statutorily disclaimed is no longer in the patent, and
 such a claim cannot be amended. A disclaimed claim must be deleted by a direction
 to strike through the claim, i.e., the statutorily disclaimed claim(s) should be
 lined through, and not surrounded by brackets.
 

 

 (E) Making amendments in an application for reissue of a
 previously reissued patent:
 
 

 

 When a copy of a first reissue patent is presented
 as the specification of a second reissue application (filed as a reissue of a
 reissue), additions made by the first reissue will already be printed in italics,
 and should remain in such format. Thus, applicants need only present additions to
 the specification/claims in the second reissue application as double underlined
 text. Subject matter to be deleted from the first reissue patent should be
 presented in the second reissue application within sets of double brackets.
 Examples of the form for a twice-reissued patent (a reissue of a reissue) are
 found in Re. 23,558 and Re. 28,488. Double underlining and double bracketing are
 used in the second reissue application, while bold -faced type and
 double bracketing appear in the printed patent (the second reissue patent) to
 indicate further insertions and deletions, respectively, in the second reissue
 patent.
 

 

 
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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 

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