What happens if new errors are discovered after filing a reissue application before September 16, 2012?

If new errors are discovered after filing a reissue application before September 16, 2012, they can still be corrected within the same reissue application. According to MPEP 1414.02:

“Where applicant seeks to correct errors in more than one of the original drawing, specification and claims, and remarks that those errors collectively render the original patent wholly or partly inoperative or invalid, and where the corrective steps are fully supported in the original patent disclosure, applicant need only state that it is an error that the patent is inoperative or invalid and explain how the errors render the original patent inoperative or invalid.”

This means that:

• New errors can be addressed without filing a new reissue application
• The applicant must ensure that the correction of new errors is supported by the original patent disclosure
• If necessary, a supplemental reissue oath or declaration may be filed to address the newly discovered errors

It’s important to note that all errors being corrected, including newly discovered ones, must have arisen without deceptive intention on the part of the applicant.

To learn more:

• reissue application
• new errors
• patent correction
• supplemental oath
• supplemental declaration