How does a reissue application differ from a regular patent application?

A reissue application differs from a regular patent application in several key ways:

• Purpose: A reissue application is specifically for correcting defects in an existing, unexpired patent, while a regular application is for obtaining a new patent.
• Timing: Reissue applications can only be filed for unexpired patents, whereas regular applications are filed before a patent is granted.
• Scope: Reissue applications are limited to the invention disclosed in the original patent, with some exceptions for broadening reissues.
• Examination process: The examination of a reissue application focuses on the changes made to correct the defect, in addition to a review of the entire patent.

As stated in MPEP 201.05, “A reissue application is an application for a patent to take the place of an unexpired patent that is defective.” This fundamental difference sets reissue applications apart from regular patent applications. For more detailed information on the reissue process, refer to MPEP Chapter 1400.

To learn more:

• reissue application
• regular patent application
• patent correction process
• patent application differences