What are the time limitations for applying for a reissue patent?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reissue Patent Must Enlarge Claims Within Two Years MPEP 1401 Required Claims Broadening Not Allowed After Two Years MPEP 1401 Required Reissue Claims Must Not Enlarge Original Patent Scope MPEP 1401 No New Matter in Reissue Application MPEP 1401 Required No New Matter in Reissue Application MPEP 1401 Required Reissue Application by Assignee Without Scope Enlargement MPEP 1401 Required No Extension of Claim Scope After Two Years MPEP 1401 Reissue Patent for Inoperative Error MPEP 1401 Required Reissue Patent for Inoperative or Invalid Claims MPEP 1401 Required Assignee Can Swear to Reissue If No Scope Enlargement MPEP 1401 Required Other Related FAQs 5 FAQs Collapse What are reissue applications according to MPEP 201.01? How can I request a corrected patent with a perfected foreign priority claim? How can I correct the priority claim in a patent after it has been issued? Can I add a priority claim to a patent after it has been issued? What is a reissue application and when is it used?