MPEP Q & A 106: Indicia That a Continuing Reissue Application is Being Filed

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Question:

Name two indicia that a continuing reissue application is being filed.

Answer:

Indicia that a continuing reissue application is being filed are:

  • A reissue oath/declaration, which is not merely a copy of the parent’s reissue oath/declaration.
  • A specification and/or claims in proper double column reissue format.
  • Amendments in proper format.
  • A statement of assignee ownership and consent by assignee.
  • A correct transmittal letter identifying the application as a reissue filing.
  • An identification of the application as being “a reissue continuation of application number [the parent reissue application]” or “a continuation and reissue of application number [the parent reissue application]” or equivalent language, rather than being “a continuation of reissue application number [the parent reissue application].”

Chapter Details:

The answer to this question can be found in chapter 1400 of the MPEP. This chapter covers the correction of patents.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 1451 of the MPEP.  The following is a brief summary of section 1451.

1451    Divisional Reissue Applications; Continuation Reissue Applications Where the Parent is Pending

Continuations and divisionals of reissue applications, to the extent possible, are treated in the same manner as continuations and divisionals of non-reissue applications. This section covers divisional reissue applications and continuation reissue applications.

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