Manual of Patent Examining Procedure (MPEP)
Chapter 1400: Correction of Patents

Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

Chapter 1400: Correction of Patents

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 Preissuance Submission in Reissue Applications

1442: Special Status

1442.01: Litigation-Related Reissues

1442.02: Concurrent Litigation

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 of 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