What is the “same general invention” requirement for reissue claims?

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.

The “same general invention” requirement for reissue claims refers to the principle that the reissue claims must be for the same invention as that disclosed in the original patent. According to MPEP 1412.01:

The reissue claims must be for the same invention as that disclosed as being the invention in the original patent, as required by 35 U.S.C. 251.

This means that while reissue claims can be broader or narrower than the original claims, they must still relate to the same general inventive concept disclosed in the original patent.