Reviewing rejections of re-issue applications
The Patent Appeal Board reviews rejections of applications for reissue under section 47 of the Patent Act, a method of issuing a new patent containing an amended description and specification for the same invention found in an issued, yet defective, original patent. The Board makes a recommendation to the Commissioner as to whether or not the application for reissue and the amended specification comply with the reissue requirements. Likewise, if such an application is rejected for non-compliance with the Patent Act and Rules for other reasons, the Board must also review such objections. The opportunity for an oral hearing exists for these cases as well.