What are reissue applications and when are they used?
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.
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.