MPEP 1400
Correction of Patents
This is the Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020
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: 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: Reserved
1430: Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette
1431: 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: 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: Reserved
1460: Effect of Reissue
1461: Reserved
1470: Public Access to Reissue Applications
1471: 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
1482: Reserved
1485: Handling of Request for Certificates of Correction
1486: Reserved
1490: Disclaimers