What are the grounds for filing a reissue application?

A reissue application is filed to correct an error in the patent that makes it wholly or partly inoperative or invalid. The MPEP states: There must be at least one error in the patent to provide grounds for reissue of the patent. If there is no error in the patent, the patent will not be reissued.

Common grounds for filing a reissue application include:

• Claims that are too narrow or too broad
• Inaccuracies in the disclosure
• Failure to claim or incorrect claiming of foreign priority
• Failure to reference or incorrect referencing of prior copending applications

It’s important to note that minor errors, such as spelling or grammar mistakes, do not provide grounds for reissue under 35 U.S.C. 251.

To learn more:

• reissue application
• patent errors
• inoperative patent
• invalid patent
• claim scope
• foreign priority
• copending applications