What are the limitations on the content of claims in a reissue application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

The content of claims in a reissue application is subject to certain limitations. According to MPEP § 1412, “The content of claims in a reissue application is somewhat limited, as is indicated in MPEP § 1412.01 through MPEP § 1412.03.” This means that there are specific rules and restrictions that apply to the claims in a reissue application, which are detailed in the subsequent sections of the MPEP.

These limitations may include:

  • Restrictions on broadening claims
  • Rules for presenting new claims
  • Requirements for maintaining the original patent’s subject matter

It’s important for patent attorneys and applicants to carefully review these sections to ensure compliance with reissue application claim requirements.

Tags: Claim Limitations, mpep 1412, patent claims, reissue application