35 U.S.C. § 251 — Reissue of defective patents (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 251 Reissue of defective patents
This page consolidates MPEP guidance interpreting 35 U.S.C. § 251, including 391 rules 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.
Summary
The Reissue of defective patents is a procedure that allows patent owners to correct errors in their granted patents, ensuring they meet statutory requirements without invalidating them.
What this section covers
- Defines the scope of patent reissue for correcting errors in defective patents.
Key obligations
- Ensure that reissued claims do not broaden the scope of the original patent.
- Obtain consent from all original patent owners for reissue.
- Adhere to the reissue oath or declaration requirements as per USC/CFR.
Practice notes
- Ensure all claims in the reissue application are clearly and accurately described to avoid broadening.
- Obtain all necessary consents before filing for reissue to avoid legal issues.
Official MPEP § 251 — Reissue of defective patents
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 251 Reissue of defective patents.
[Editor Note: Applicable to any patent application filed on or after September 16, 2012. See 35 U.S.C. 251 (pre‑AIA) for the law otherwise applicable.]
- (a) IN GENERAL.—Whenever any patent is, through error, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than he had a right to claim in the patent, the Director shall, on the surrender of such patent and the payment of the fee required by law, reissue the patent for the invention disclosed in the original patent, and in accordance with a new and amended application, for the unexpired part of the term of the original patent. No new matter shall be introduced into the application for reissue.
- (b) MULTIPLE REISSUED PATENTS.— The Director may issue several reissued patents for distinct and separate parts of the thing patented, upon demand of the applicant, and upon payment of the required fee for a reissue for each of such reissued patents.
- (c) APPLICABILITY OF THIS TITLE.— 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.
- (d) REISSUE PATENT ENLARGING SCOPE OF CLAIMS.—No reissued patent shall be granted enlarging the scope of the claims of the original patent unless applied for within two years from the grant of the original patent.
(Amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); amended Sept. 16, 2011, Public Law 112-29, secs. 4(b) and 20(d) (effective Sept, 16, 2012), 125 Stat. 284.)
-
- Aia Overview
-
- Post Grant Proceedings
-
- Judicial Review
-
- App Types Provisional
- Continuing Applications
- Cip Applications
- Assignment Ownership
- Assignee Rights
- Assignee Post Aia
- Design Patents
- Design Application
- Design Term
- Design Written Description
- Duty Of Disclosure
- Disclosure Basics
- Disclosure Materiality
- Inequitable Conduct
- Ex Parte Reexamination
- Reexamination Conclusion
- Examination Procedure
- Examiner Action
-
- Form Paragraphs
-
- Rejection Of Claims
-
- International Design
- Ida Filing
- Maintenance Fee Payment
-
- Patent Term
- Term Expiration
- Pct
- Pct Amendments Article 19
- Pct Filing
- Ptab Contested Case
-
-
-
-
- Reissue Concurrent Proceedings
- Reissue Examination
-
- Reissue Issuance
- Reissue Litigation
-
- Reissue Ownership
- Restriction
- Election Requirement
- Restriction Requirement
- Restriction Basis
- Section 102
- Aia Vs Preaia 102
- Preaia 102G
- Section 112
- Section 112A
-
- Signature Requirements
- Signature Assignee