37 CFR 1.176 — Examination of reissue
Ninth Edition, Revision 01.2024
- (a) A reissue application will be examined in the same manner as a non-reissue, non-provisional application, and will be subject to all the requirements of the rules related to non-reissue applications. Applications for reissue will be acted on by the examiner in advance of other applications.
- (b) Restriction between subject matter of the original patent claims and previously unclaimed subject matter may be required (restriction involving only subject matter of the original patent claims will not be required). If restriction is required, the subject matter of the original patent claims will be held to be constructively elected unless a disclaimer of all the patent claims is filed in the reissue application, which disclaimer cannot be withdrawn by applicant.
[42 FR 5595, Jan. 28, 1977; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000]
Cited by
- 1405 Reissue and Patent Term
- 1440 Examination of Reissue Application
- 1441 Two-Month Delay Period
- 1445 Reissue Application Examined in Same Manner as Original Application
- 1450 Restriction and Election of Species Made in Reissue Application
- 1451 Divisional Reissue Applications; Continuation Reissue Applications Where the Parent is Pending
- 1457 Design Reissue Applications and Patents
- 601 Content of Provisional and Nonprovisional Applications
- 708.01 List of Special Cases
- 803.05 Reissue Application Practice