Can new matter be introduced in a reissue application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 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. No, new matter cannot be introduced in a reissue application. This is explicitly stated in 35 U.S.C. 251(a) : “No new matter shall be introduced into the application for reissue.” This means that the reissue application must be based on the invention disclosed in the original patent. You can’t add new inventive concepts or expand the scope of the invention beyond what was originally disclosed. The reissue process is intended to correct errors in the original patent, not to add new inventions or subject matter. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No New Matter in Reissue Application MPEP 1401 Required No New Matter in Reissue Application MPEP 1401 Required Reissue Claims Must Not Enlarge Original Patent Scope MPEP 1401 Reissue Patent Must Enlarge Claims Within Two Years MPEP 1401 Required Reissue Patent for Inoperative Error MPEP 1401 Required Reissue Patent for Inoperative or Invalid Claims MPEP 1401 Required Reissue Application by Assignee Without Scope Enlargement MPEP 1401 Required Claims Broadening Not Allowed After Two Years MPEP 1401 Required Assignee Can Swear to Reissue If No Scope Enlargement MPEP 1401 Required Multiple Reissued Patents Allowed Upon Request MPEP 1401 Other Related FAQs 5 FAQs Collapse What are reissue applications according to MPEP 201.01? How can I request a corrected patent with a perfected foreign priority claim? How can I correct the priority claim in a patent after it has been issued? Can I add a priority claim to a patent after it has been issued? What is a reissue application and when is it used?