How is the effective filing date determined for reissue applications under the AIA?

The AIA provides specific guidance for determining the effective filing date of claimed inventions in reissue applications:

Finally, the AIA provides that the “effective filing date” for a claimed invention in a reissued patent or application for a reissue patent shall be determined by deeming the claim to the claimed invention to have been contained in the patent for which reissue was sought. See 35 U.S.C. 100(i)(2).

This means:

• The effective filing date for a claimed invention in a reissue application is treated as if the claim was part of the original patent being reissued.
• This applies even if the claim is new or modified in the reissue application.
• The purpose is to maintain continuity with the original patent and prevent the introduction of intervening prior art solely due to the reissue process.

It’s important to note that while this provision helps determine the effective filing date, reissue applications must still comply with other statutory requirements, including those related to broadening reissues and the two-year filing deadline for broadening reissues.

To learn more:

• effective filing date
• reissue application
• AIA
• patent law