What are reissue applications and when are they used?
Reissue applications are used to correct errors in already issued patents. According to MPEP 201:
‘An application for reissue is made by the patentee when the patent is, through error without any deceptive intention, 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.’
Key points about reissue applications:
- They are filed under 35 U.S.C. 251.
- They can be used to broaden or narrow the scope of patent claims.
- There are time limitations for broadening reissues (within two years from the grant of the original patent).
For more information on Patent correction, visit: Patent correction.
For more information on Patent errors, visit: Patent errors.
For more information on reissue application, visit: reissue application.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure