What is a reissue patent?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A reissue patent is a mechanism to correct errors in an existing patent. According to 35 U.S.C. 251, a reissue patent can be granted “Whenever any patent is, through error, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than he had a right to claim in the patent“.

The reissue process allows the patent owner to surrender the original patent and request a new one with corrections, provided certain conditions are met. It’s important to note that “No new matter shall be introduced into the application for reissue“.

Tags: Patent correction, Patent errors, patent law, Reissue Patent