What are the requirements for filing a broadening reissue application?
What are the requirements for filing a broadening reissue application?
Filing a broadening reissue application has specific requirements:
- Time Limit: It must be filed within two years from the grant of the original patent.
- Oath/Declaration: A reissue oath or declaration is required, stating that the applicant believes the original patent to be wholly or partly inoperative or invalid.
- Reason: The broadening must be due to the patentee claiming less than they had a right to claim in the original patent.
As stated in MPEP 1401: “A broadened reissue application must be applied for within two years of the grant of the original patent.” It’s crucial to meet this deadline and provide a proper oath or declaration explaining the need for broadening.
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