Can I file multiple design reissue applications for a single 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.

Yes, multiple design reissue applications can be filed in certain circumstances. This typically occurs when:

• The original patent failed to include a design for a patentably distinct segregable part of the design.
• The original patent failed to include a patentably distinct subcombination of the claimed design.

The MPEP states: “A reissue design application claiming both the entire article and the patentably distinct subcombination or segregable part would be proper under 35 U.S.C. 251, if such a reissue application is filed within two years of the issuance of the design patent, because it is considered a broadening of the scope of the patent claim.“

However, restriction will be required, and the added design will be treated as constructively non-elected. The examiner may suggest filing a divisional design reissue application for the non-elected subject matter.