What are the time limits for filing a broadening reissue application?
There are strict time limits for filing a broadening reissue application. According to MPEP 1412.03:
“A broadening reissue application must be filed within two years from the grant of the original patent.”
This time limit is crucial for patent owners to understand. Key points about the time limit include:
- It is based on 35 U.S.C. 251
- The two-year period starts from the issue date of the original patent
- It applies to any broadening reissue, even if other aspects are narrowing
- Missing this deadline precludes filing a broadening reissue
Patent owners and practitioners must be vigilant about this time limit to preserve the option of broadening the patent’s scope through reissue.
To learn more: