What is a reissue patent application?

What is a reissue patent application?

A reissue patent application is a request to correct an error in an already issued patent that renders the patent wholly or partly inoperative or invalid. As stated in MPEP 201:

An application for reissue is an application for a new patent to replace an unexpired patent that is defective in some one or more particulars.

Key aspects of reissue applications include:

• Can be filed only by the original patent owner
• Must be filed during the term of the original patent
• Can broaden claim scope only within two years of the original patent grant
• Requires a declaration stating the error and that it occurred without deceptive intent

Reissue applications are crucial for patent owners to correct mistakes or oversights in their original patents, ensuring their intellectual property rights are properly protected. However, they cannot be used to add new matter to the patent disclosure.

For more information on Patent correction, visit: Patent correction.