What is the significance of the two-year period in reissue applications?

The two-year period from the grant of the original patent is significant in reissue applications for several reasons, as outlined in MPEP 1403:

1. Broadening Reissues: According to 35 U.S.C. 251(d), broadening reissue applications must be filed within this two-year period.
2. Presumption of Diligence: The MPEP states, “Where any broadening reissue application is filed within two years from the date of the original patent, 35 U.S.C. 251 presumes diligence, and the examiner should not inquire why applicant failed to file the reissue application earlier within the two year period.”
3. Rejection on Lack of Diligence: For applications filed within this period, “a rejection on the grounds of lack of diligence or delay in filing the reissue should not normally be made.”

It’s worth noting that a reissue application filed on the 2-year anniversary date of the patent grant is considered as being filed within the 2-year period, as per the MPEP citation of Switzer v. Sockman.

To learn more:

• two-year period
• reissue applications
• broadening reissue
• presumption of diligence