Who can apply for a reissue patent?

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.

According to 35 U.S.C. 251(c), the following parties can apply for a reissue patent:

“The provisions of this title relating to applications for patent shall be applicable to applications for reissue of a patent, except that application for reissue may be made and sworn to by the assignee of the entire interest if the application does not seek to enlarge the scope of the claims of the original patent or the application for the original patent was filed by the assignee of the entire interest.”

In summary:

• The original patent holder can apply for a reissue.
• The assignee of the entire interest can apply for a reissue if:
  • The reissue application does not seek to enlarge the scope of the claims, or
  • The original patent application was filed by the assignee of the entire interest.

This provision allows for flexibility in who can apply for a reissue while maintaining safeguards against unauthorized broadening of patent claims.