What is the time limit for filing a reissue application?

There is no specific time limit for filing a reissue application. According to MPEP 201.05, ‘A reissue application can be filed at any time during the enforceability of a patent.’ This means that as long as the original patent is still enforceable, a reissue application can be filed.

However, it’s important to note that there are limitations on what can be claimed in a reissue application based on when it’s filed:

• If filed within two years from the grant of the original patent, both narrowing and broadening reissue claims are permitted.
• If filed more than two years from the grant of the original patent, only narrowing reissue claims are allowed.

The MPEP states: ‘A broadening reissue application filed on or after September 16, 2012 must be applied for by all of the inventors (or alternatively the assignee of the entire interest), and the application must be filed within two years from the grant of the original patent.’

To learn more:

• reissue application
• time limit
• enforceability
• broadening reissue
• narrowing reissue