Can reissue claims be broader than the original patent claims?
Yes, reissue claims can be broader than the original patent claims, but with certain limitations. MPEP 1412.01 states:
The reissue claims may be broader than the original claims if the reissue application is filed within two years from the grant of the original patent.
However, it’s important to note that:
- The broadened claims must still be for the same general invention as disclosed in the original patent
- No new matter can be introduced
- The broadening must be supported by the original disclosure
- If filed more than two years after the original patent grant, the reissue cannot broaden the scope of the claims
These restrictions are in place to balance the patentee’s right to correct errors with the public’s reliance on the scope of the original patent.
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