Can I file multiple design reissue applications for a single patent?

Yes, multiple design reissue applications can be filed in certain circumstances. This typically occurs when:

• The original patent failed to include a design for a patentably distinct segregable part of the design.
• The original patent failed to include a patentably distinct subcombination of the claimed design.

The MPEP states: “A reissue design application claiming both the entire article and the patentably distinct subcombination or segregable part would be proper under 35 U.S.C. 251, if such a reissue application is filed within two years of the issuance of the design patent, because it is considered a broadening of the scope of the patent claim.“

However, restriction will be required, and the added design will be treated as constructively non-elected. The examiner may suggest filing a divisional design reissue application for the non-elected subject matter.

To learn more:

• multiple design reissues
• divisional applications
• patent broadening