Can drawing errors be corrected through a reissue application?
Yes, drawing errors can be corrected through a reissue application, but only if the correction is substantive in nature. The MPEP states:
A reissue may be based on a drawing correction that is substantive in nature, because such a correction qualifies as correcting an error under 35 U.S.C. 251 that may properly be deemed to render the patent wholly or partly inoperative.
However, non-substantive drawing changes cannot be the sole basis for a reissue application. The MPEP provides examples of non-substantive changes:
- Reference numeral corrections or additions
- Addition of shading
- Addition of a figure merely to clarify the disclosure
It’s important to note that while non-substantive drawing changes cannot be the sole basis for a reissue, they can be included in a reissue application that corrects at least one substantive error under 35 U.S.C. 251.
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