What is the difference between a reissue application and a reexamination proceeding?
What is the difference between a reissue application and a reexamination proceeding?
Reissue applications and reexamination proceedings are distinct processes for correcting or reviewing patents:
- Reissue Application:
- Initiated by the patent owner
- Can broaden or narrow claims
- Can correct errors in the specification or drawings
- Results in a new patent
- Reexamination Proceeding:
- Can be initiated by anyone, including the patent owner or a third party
- Limited to considering prior art patents and printed publications
- Cannot broaden claims
- Results in a reexamination certificate
As stated in MPEP 1401: “The reissue statute and rules permit the patentee to correct errors in the patent which were made ‘without any deceptive intention.'” This highlights the error-correction purpose of reissue applications, which is broader in scope than reexamination proceedings.
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