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1411    Form of Specification

MPEP SECTION SUMMARY

This section covers the form of the reissue specification. A full copy of the printed patent should be used to provide the abstract, drawings, specification and claims of the patent for the reissue application. Each page must be one-sided, two-sided copies are improper.

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(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.

1411.01   Certificate of Correction or Disclaimer in Original Patent

MPEP SECTION SUMMARY

In a reissue application, additions and deletions to the original patent should be made by underlining and bracketing respectively, except for changes made in prior Certificates of Correction and disclaimer(s) of claims under 37 C.F.R. 1.321(a).

Underlining and bracketing should not be used for changes made by a Certificate of Correction dated before the filing of the reissue application or dated during the pendency of the reissue application. If such 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.

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1411.02   New Matter

MPEP SECTION SUMMARY

New matter (anything not present in the original application) is excluded from a reissue application. A rejection for new matter in a reissue application must be made under 35 U.S.C. 251, not 35 U.S.C. 132.

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» 1412 Content of Claims