What are the time limitations for applying for a reissue patent?
There is a specific time limitation for reissue applications that seek to enlarge the scope of the original patent’s claims. According to 35 U.S.C. 251(d):
“No reissued patent shall be granted enlarging the scope of the claims of the original patent unless applied for within two years from the grant of the original patent.”
This means that if you want to broaden the claims of your patent through a reissue, you must file the reissue application within two years of the original patent’s grant date. However, there is no time limit for reissue applications that do not seek to enlarge the scope of the claims.
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