What are the time limitations for filing a reissue application to provoke an interference?

There are important time limitations to consider when filing a reissue application to provoke an interference:

1. One-year rule: The MPEP states, The issue date of the patent, or the publication date of the application publication (whichever is applicable under pre-AIA 35 U.S.C. 135(b)), with which an interference is sought must be less than 1 year before the presentation of the copied or amended claims in the reissue application.
2. Two-year rule for broadened claims: If the reissue application includes broadened claims, the reissue application must be filed within two years from the issue date of the original patent. This is based on 35 U.S.C. 251 and further explained in MPEP § 1412.03.

It’s crucial to be aware of these time limitations when considering a reissue application to provoke an interference, as failing to meet these deadlines may prevent the interference from being declared.

To learn more:

• reissue application
• interference
• time limitations
• pre-AIA 35 U.S.C. 135(b)
• broadened claims