What is the time limit for applying for a reissue patent that enlarges the scope of claims?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. The time limit for applying for a reissue patent that enlarges the scope of claims is specified in 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 two-year limitation is crucial for patent holders considering a reissue that broadens their claims. It’s important to note that this time limit applies specifically to reissues that enlarge the scope of claims. Reissues that narrow or maintain the scope of claims are not subject to this two-year restriction. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Term Extension When Reissue Filed MPEP 2766 Recommended AIA Practice for Patent Term Extension Applications When Reissue Filed MPEP 2766 Patent Term Extension Rules After September 16, 2012 MPEP 2766 No Extension of Claim Scope After Two Years MPEP 2766 No Enlargement of Original Patent Claims After Two Years MPEP 2766 Required Petition for Term Extension to Original Patent After Reissue MPEP 2766 Recommended Reissued Patent Scope Must Not Be Enlarged After Two Years MPEP 2766 Required Assignee Can Swear to Reissue If No Scope Enlargement MPEP 2766 Required Reissue Patent for Inoperative or Invalid Claims MPEP 2766 Required Petition for Transferring Term Extension to Reissue Patent MPEP 2766 Other Related FAQs 5 FAQs Collapse Who can apply for a reissue patent? What is the legal effect of a reissued patent on patent term extension? How is the patent term extension calculated for a reissue patent? Should a new patent term extension application be filed for a reissue patent? What happens to a patent term extension appl...