How do reissue applications differ from original patent applications?

How do reissue applications differ from original patent applications?

Reissue applications are distinct from original patent applications in that they are used to correct errors in already-issued patents. The MPEP 201 states, “An application for reissue of a patent is an application for a new patent to correct an error in an unexpired patent as provided in 37 CFR 1.171 through 1.178.”

Key differences include:

• Purpose: To correct errors in existing patents, not to obtain new patents
• Timing: Filed after a patent has been issued and while it’s still unexpired
• Legal basis: Filed under 35 U.S.C. 251 and subject to specific regulations
• Content: Must include a copy of the original patent and point out the error(s) to be corrected
• Examination: Focuses on the proposed changes and their impact on patentability

Reissue applications provide a mechanism for patent holders to address issues in their patents, potentially broadening or narrowing claims, or correcting other substantive errors.

For more information on reissue applications, visit: reissue applications.