What is the difference between a reissue application and a reexamination proceeding?

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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. Reissue applications and reexamination proceedings are distinct processes for correcting or reviewing patents: Reissue Application: Initiated by the patent owner Can broaden or narrow claims Can correct errors in the specification or drawings Results in a new patent Reexamination Proceeding: Can be initiated by anyone, including the patent owner or a third party Limited to considering prior art patents and printed publications Cannot broaden claims Results in a reexamination certificate As stated in MPEP 1401 : “The reissue statute and rules permit the patentee to correct errors in the patent which were made ‘without any deceptive intention.'” This highlights the error-correction purpose of reissue applications, which is broader in scope than reexamination proceedings. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Reissue Criteria Without Deceptive Intent MPEP 1401 Correction Without Deceptive Intention Required for Pre-AIA Patent Reissue MPEP 1401 Required No New Matter in Reissue Application MPEP 1401 Required Reissue Application by Assignee Without Scope Enlargement MPEP 1401 Required No New Matter in Reissue Application MPEP 1401 Required AIA Amends Reissue Error Correction MPEP 1401 Reissue Claims Must Not Enlarge Original Patent Scope MPEP 1401 Assignee Can Swear to Reissue If No Scope Enlargement MPEP 1401 Required Reissue Patent for Inoperative or Invalid Claims MPEP 1401 Required Reissue Patent for Inoperative Error 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 pa...