When can a reissue application be filed?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 9 Rules 5 Related FAQs 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 application can be filed when an unexpired patent is found to be defective. The key criteria are: The original patent must still be in force (unexpired) There must be a defect in the patent that needs correction It’s important to note that the reissue process is not for extending the term of a patent, but for correcting issues in the existing patent. For more detailed information on the timing and requirements, refer to MPEP Chapter 1400 , which provides a comprehensive treatment of reissue applications. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Requirement for Submission of Non-Patentability Material MPEP 2001.04 Individuals Must Disclose Material Information for Patentability MPEP 2005 Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 Materiality vs Reasonable Necessity for Disclosure MPEP 2005 Permitted Information Required for Examination Not Necessarily Material to Patentability MPEP 2005 Required Examiner May Require Assignee Information MPEP 2005 Permitted Examiner Can Require Drug Product Manufacturing Details MPEP 2005 Permitted Examiner May Require Information on Pre-AIA Prior Art MPEP 2135 Permitted Other Related FAQs 5 FAQs Collapse What is an inventor&#8217;s certificate and how does it relate to patent priority rights? What happens if an international application designating the US is withdrawn? How does an international application designating the US affect benefit claims? Can an international application be used as a basis for priority in a U.S. national application? What happens if an international application designating the US is published i...