What changes were made to the reissue process by the America Invents Act?
The America Invents Act (AIA) made a significant change to the reissue process. As stated in the MPEP:
“Effective September 16, 2012, Public Law 112-29, sec. 20, 125 Stat. 284 (Leahy-Smith America Invents Act (AIA)), amended 35 U.S.C. 251 to eliminate the ‘without deceptive intention’ clause.”
This change means that for reissue applications filed on or after September 16, 2012, the applicant no longer needs to prove that the error necessitating the reissue was made without deceptive intention. This simplifies the reissue process and removes a potential barrier for patent owners seeking to correct errors in their patents.
To learn more: