What is the time limit for filing a broadening reissue application?

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.

According to 35 U.S.C. 251(d), there is a 2-year time limit for filing broadening reissue applications. The MPEP states: 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.

However, it’s important to note that a broadened claim can be presented after two years from the grant of the original patent if the broadening reissue application was filed within the two-year period. The MPEP clarifies: Where any intent to broaden is unequivocally indicated in the reissue application within the two years from the patent grant, a broadened claim can subsequently be presented in the reissue after the two year period.