How do reissue applications differ from original patent applications?
Reissue applications are distinct from original patent applications in that they are used to correct errors in already-issued patents. The MPEP 201 states, “An application for reissue of a patent is an application for a new patent to correct an error in an unexpired patent as provided in 37 CFR 1.171 through 1.178.”
Key differences include:
- Purpose: To correct errors in existing patents, not to obtain new patents
- Timing: Filed after a patent has been issued and while it’s still unexpired
- Legal basis: Filed under 35 U.S.C. 251 and subject to specific regulations
- Content: Must include a copy of the original patent and point out the error(s) to be corrected
- Examination: Focuses on the proposed changes and their impact on patentability
Reissue applications provide a mechanism for patent holders to address issues in their patents, potentially broadening or narrowing claims, or correcting other substantive errors.
For more information on reissue applications, visit: reissue applications.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure
Tags:
reissue applications