What are the requirements for filing a broadening 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.
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.