MPEP § 1430 — MPEP § 1430
Current through: 2022-07-01

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

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1400 

 Section 1430 
 

 
 
 
 
 
 1430 Reissue Files Open to the Public and, Notice of Filing Reissue
 Announced in, Official Gazette [R-08.2017]
 

 
 37 CFR 1.11 Files open to the public. 

 *****

 
 (b) All reissue applications, all applications in which the Office
 has accepted a request to open the complete application to inspection by the
 public, and related papers in the application file, are open to inspection by the
 public, and copies may be furnished upon paying the fee therefor. The filing of
 reissue applications, other than continued prosecution applications under
 §
 1.53(d) of reissue applications, will be announced in the
 Official Gazette . The announcement shall include at least
 the filing date, reissue application and original patent numbers, title, class and
 subclass, name of the inventor, name of the owner of record, name of the attorney
 or agent of record, and examining group to which the reissue application is
 assigned.
 

 
 *****

 

 Under 37
 CFR 1.11(b) all reissue applications filed are open to inspection by
 the general public, and copies may be furnished upon paying the fee therefor. The filing of
 reissue applications (except for continued prosecution applications (CPA’s) filed under
 37 CFR
 1.53(d) ) will be announced in the Official
 Gazette. The announcement gives interested members of the public an
 opportunity to submit to the examiner information pertinent to the patentability of the
 reissue application. The announcement includes the filing date, reissue application and
 original patent numbers, title, class and subclass, name of the inventor(s), name of the
 owner of record, name of the attorney or agent of record, and the Technology Center (TC) to
 which the reissue application is initially assigned. Where a reissue application seeks to
 change the inventorship of a patent, the names of the inventors of record of the patent
 file are set forth in the announcement, not the filing receipt, which sets forth the names
 of the inventors that the reissue application is seeking to make of record upon reissue of
 the patent.
 

 IFW reissue application files are open to inspection by the general public
 by way of Patent Center via the USPTO Internet site. In viewing the images of the files,
 members of the public will be able to view the entire content of the reissue application
 file history. To access Patent Center, a member of the public would go to the USPTO website
 at www.uspto.gov .
 

 Where a “Notice to File Missing Parts of Reissue Application – Filing Date
 Granted” has been mailed by the Office for a reissue application, the reissue application
 will not necessarily be announced in the Official Gazette until all
 elements of the Notice to File Missing Parts have been complied with. This is because the
 information required by 37 CFR 1.11(b) for the Official Gazette 
 announcement may be missing as indicated in the Notice to File Missing Parts. A notice of a
 reissue application in the Official Gazette should be published before
 any examination of the application. If an inadvertent failure to publish notice of the
 filing of the reissue application in the Official Gazette is recognized
 later in the examination, action should be taken to have the notice published as quickly as
 possible, and action on the application may be delayed until two months after the
 publication, allowing for any protests to be filed. For a discussion of protests, see
 MPEP Chapter
 1900 .
 

 The filing of a continued prosecution application (CPA) of a design
 reissue application under 37 CFR 1.53(d) (effective July 14, 2003, CPA practice was eliminated
 as to utility and plant applications) will not be announced in the
 Official Gazette. Although the filing of a CPA of a design reissue
 application constitutes the filing of a reissue application, the announcement of the filing
 of such CPA would be redundant in view of the announcement of the filing of the prior
 reissue application in the Official Gazette and the fact that the same
 application number and file will continue to be used for the CPA.
 

 If applicant files a Request for Continued Examination (RCE) of the
 reissue application under 37 CFR 1.114 (which can be filed on or after May 29, 2000 for a
 reissue application filed on or after June 8, 1995), such filing will
 not be announced in the Official Gazette . An
 RCE continues prosecution of the existing reissue application and is not a filing of a new
 application.
 

 The filing of all reissue applications, except for design reissue CPAs
 filed under 37 CFR
 1.53(d) , (note that effective July 14, 2003, CPA practice has been
 eliminated as to utility and plant application) will be announced in the Official
 Gazette and will include certain identifying data as specified in
 37 CFR
 1.11(b) . 
 

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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 20:49:26