MPEP § 1411 — MPEP § 1411
Current through: 2022-07-01

1411-Form of Specification 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1400 

 Section 1411 
 

 
 
 
 
 
 1411 Form of Specification [R-08.2017]

 
 37 CFR 1.173 Reissue specification, drawings, and amendments. 

 
 (a) Contents of a reissue application . An application for reissue
 must contain the entire specification, including the claims, and the drawings of
 the patent. No new matter shall be introduced into the application. No reissue
 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,
 pursuant to 35
 U.S.C. 251 . 
 
 (1) Specification, including claims. The entire
 specification, including the claims, of the patent for which reissue is
 requested must be furnished in the form of a copy of the printed patent, in
 double column format, each page on only one side of a single sheet of paper.
 If an amendment of the reissue application is to be included, it must be
 made pursuant to paragraph (b) of this section. The formal requirements for
 papers making up the reissue application other than those set forth in this
 section are set out in § 1.52 . Additionally, a
 copy of any disclaimer ( § 1.321 ), certificate of
 correction ( §§ 1.322 through
 1.324 ), or reexamination certificate
 ( §
 1.570 ) issued in the patent must be included. (See
 also §
 1.178 ).
 

 (2) Drawings. Applicant must submit a clean copy of each
 drawing sheet of the printed patent at the time the reissue application is
 filed. If such copy complies with § 1.84 , no further
 drawings will be required. Where a drawing of the reissue application is to
 include any changes relative to the patent being reissued, the changes to
 the drawing must be made in accordance with paragraph (b)(3) of this
 section. The Office will not transfer the drawings from the patent file to
 the reissue application.
 

 
 

 
 *****

 

 Pursuant to 37 CFR 1.173(a)(1) the application
 specification, including the claims, must be furnished in the form of a copy of the printed
 patent in double column format (so that the patent can be simply copied without cutting).
 Applicants are required to submit a clean copy of each drawing sheet of the printed patent
 at the time the reissue application is filed ( 37 CFR 1.173(a)(2) ). Any changes to the
 drawings must be made in accordance with 37 CFR 1.173(b)(3) . Thus, a full copy
 of the printed patent (including the front page) is used to provide the abstract, drawings,
 specification, and claims of the patent for the reissue application. Each page of the
 patent must appear on only one side of each individual page of the specification of the
 reissue application; a two-sided copy of the patent is not proper.
 It should be noted that a re-typed specification is not acceptable in a reissue
 application; the full copy of the printed patent must be used. If, however, the changes to
 be made to the patent are so extensive/numerous that reading and understanding the
 specification is extremely difficult and error-prone, a clean copy of the specification may
 be submitted if accompanied by a grantable petition under 37 CFR 1.183 for
 waiver of 37 CFR
 1.125(d) and 37 CFR 1.173(a)(1) . 
 

 Pursuant to 37 CFR 1.173(b) , amendments may be made
 at the time of filing of a reissue application. The amendment may be made
 either by:
 

 
 (A) physically incorporating the changes within the specification by
 cutting the column of the printed patent and inserting the added material and
 rejoining the remainder of the column and then joining the resulting modified column
 to the other column of the printed patent. Markings pursuant to 37 CFR 1.173(d) 
 must be used to show the changes. The columnar structure of the printed patent must
 be preserved, and the physically modified page must comply with 37 CFR
 1.52(a)(1) . As to compliance with 37 CFR
 1.52(a)(1)(iv) , the 
 "written either by a typewriter or machine printer in permanent dark ink or its
 equivalent"
 
 
 requirement is deemed to be satisfied where a
 caret and line are drawn from a position within the text to a newly added phrase,
 clause, sentence, etc. typed legibly in the margin; or
 

 (B) providing a preliminary amendment (a separate amendment paper)
 directing that specified changes be made to the copy of the printed patent.
 

 
 The presentation of the insertions or deletions as part of the original
 reissue specification is an amendment under 37 CFR 1.173(b) . An amendment of the
 reissue application made at the time of filing of the reissue application must be made in
 accordance with 37 CFR
 1.173(b)-(e) and (g) ; see MPEP § 1453 . Thus, as required by
 37 CFR
 1.173(c) , an amendment of the claims made at the time of filing of a
 reissue application must include a separate paper setting forth the status of all claims
 (i.e., pending or canceled), and an explanation of the support in the disclosure of the
 patent for the changes made to the claims.
 

 If a chart, table, or chemical formula is amended and it spans two
 columns of the patent, it should not be split. Rather, the chart, table, or chemical
 formula should be provided in its entirety as part of the column of the patent to
 which it pertains , in order to provide a continuity of the description. When
 doing so, the chart, table, or chemical formula may extend beyond the width of the column.
 Change in only a part of a word or chemical formula is not permitted. Entire words or
 chemical formulas must be shown as being changed. Deletion of a chemical formula should be
 shown by brackets which are substantially larger and darker than any in the formula.
 

 Where an approved terminal disclaimer was filed in the application for the
 patent to be reissued, a copy of that terminal disclaimer need not be filed in the reissue
 application by the reissue applicant. To identify this information, an internal review form
 will be filled out at the appropriate point and placed into the file for the reissue
 application.
 

 Twice reissued patent:

 Examples of the form for a twice-reissued patent 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.
 

 When a copy of a first reissue patent is used 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. 
 

 
 1411.01 Certificate of Correction or Disclaimer in Original Patent [R-08.2012]

 The applicant should include any changes, additions, or deletions that
 were made by a certificate of correction to the original patent grant in the reissue
 application without underlining or bracketing. This includes changes made by a
 certification of correction dated before the filing of the reissue application or dated
 during the pendency of the reissue application. The examiner should make certain that
 all certificate of correction changes in the patent have been properly incorporated into
 the reissue application.
 

 Certificate of correction changes and disclaimer of claim(s) under
 37 CFR
 1.321(a) should be made without using underlining or brackets.
 Because these are retroactively a part of the original patent and are made before the
 reissue application will issue as a patent, they must show up in the printed reissue
 patent document as part of the original patent, i.e., not in italics or bracketed. 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. 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. For the clean copy of the specification
 to be entered 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 will
 generally serve as sufficient basis for granting the petition.
 

 

 
 1411.02 New Matter [R-10.2019]

 New matter, that is, matter not present in the patent sought to be
 reissued, is excluded from a reissue application in accordance with 35 U.S.C. 251 .
 

 The claims in the reissue application must be for subject matter which
 the applicant had the right to claim in the original patent. Any 
 change in the patent made via the reissue application should be checked to ensure that
 it does not introduce new matter. Note that new matter may exist by virtue of the
 omission of a feature or of a step in a method. See United States Industrial
 Chemicals, Inc. v. Carbide & Carbon Chemicals Corp., 315 U.S. 668, 53
 USPQ 6 (1942). 
 

 Form paragraph 14.22.01 may be used where new matter
 has been added anywhere in “the application for reissue” as prohibited by
 35 U.S.C.
 251 . Guidance on whether a rejection under 35 U.S.C.
 112(a) or pre-AIA 35 U.S.C. 112 , first
 paragraph, should also be made if the new matter is added to the claims or is added to
 the specification and affects the claims is provided in MPEP §§
 2161 - 2163 and 2166 .
 Guidance on whether an objection should be made based on new matter being added is
 provided in MPEP §
 608.04(a) .
 

 ¶ 14.22.01 Rejection, 35 U.S.C. 251 , New Matter
 

 Claim [1] rejected under
 35 U.S.C.
 251 as being based upon new matter added to the patent for which reissue
 is sought. The added material which is not supported by the prior patent is as follows: 
 [2] 

 Examiner Note:
 
 1. In bracket 2, fill in the
 applicable page and line numbers and provide an explanation of your position, as
 appropriate.
 

 2. A rejection under
 35 U.S.C.
 112(a) or pre-AIA 35 U.S.C. 112 , first
 paragraph, should also be made if the new matter is added to the claims or is added to
 the specification and affects the claims. If new matter is added to the specification
 and does not affect the claims, an objection should be made based upon 35 U.S.C. 132 
 using form paragraph 7.28 .
 
 
 

 

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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