What is the time limit for applying for a reissue patent that enlarges the scope of claims?
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.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2766 - Processing Of Patent Term Extension Applications When Reissue Has Been Filed,
Patent Law,
Patent Procedure