1411 Form of Specification
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1411 |
(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.
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If the changes are too extensive, the examiner may request a clean copy of the specification.
- it will need to be submitted as a substitute specification under 37 C.F.R. 1.183
The claims in a reissue application must apply to the subject matter which the applicant had the right to claim in the original patent
Assembling a reissue refers to mounting and cutting up copies of the original patent:
- it should be in double column format
- only one page of the patent should appear on one side of each individual page of the specification in a reissue application
Amendments may be made by physically incorporating the changes within the specification or by providing a separate amendment paper.
When an "approved" terminal disclaimer was filed in the original application, a copy of that terminal disclaimer does not need to be filed in the reissue application by the reissue applicant.
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1411.01 |
1411.02 New Matter
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1411.02 |