What is a Reissue Patent?

In intellectual property law, a reissue patent application is typically filed in order to correct mistakes in the issued patent. The reissue patent is generally issued to fix defects, in most cases invalid claims, on the original patent. The reissue patent essentially replaces the first patent and remains valid for the term of the first patent.

While minor issues with a patent are often corrected using a Certificate of Correction, reissue patent applications are usually filed in cases of a substantive defect within the patent. The United States Patent and Trademark Office’s (USPTO) Manual of Patent Examining Procedure (MPEP) sets the requirements for a reissue patent application. According to the manual, to qualify for reissue, the patent must be “deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than he had a right to claim in the patent.”

Key Takeaways

• Reissue patent applications are filed to correct certain mistakes in an existing patent.
• The reissue patent replaces the original patent and remains in effect for the term of the original patent.
• Reissue patents are intended to correct substantial errors in a patent, such as invalid claims.

Grounds for Filing a Reissue Application

U.S. intellectual property law has strict requirements when it comes to filing a reissue patent application. Since the patent must be deemed wholly or partially invalid as a result of the error, the patent must have at least one substantive issue. Patents with no errors, or patents with minor inaccuracies in spelling or grammar, will not be reissued. Here are a few of the most common situations that may call for a reissue application according to the USPTO:

• The patent claims are incorrect: they are either too narrow or too wide
• The disclosure in the application contains inaccurate information
• The applicant failed to claim foreign priority or incorrectly claimed foreign priority
• The applicant failed to make reference to prior copending patent applications or incorrectly made references to prior copending patent applications

More on Reissued Patents

While reissuing a patent is a great solution for errors in an existing patent, there are several important points to keep in mind. Firstly, it should be noted that the reissued patent’s term lasts for the term of the original patent. In other words, a patent term cannot be extended through reissue patents. The expiration of a patent will stay the same, regardless of whether or not the patent has been reissued.

Also, if you plan to broaden the scope of your patent claims by a reissue patent, you should be made aware of its limitations. You may add new claims in a reissue patent that broaden the scope of the invention or creation, but only within two years from the grant of the original patent. However, the new claims cannot be considered “new matter.” The additional content should be mentioned somewhere else within the original patent application.

Bottom Line

Have you spotted a serious error in your patent that requires a reissue application? Unsure whether the mistake fulfills the requirements for a patent reissue? When in doubt, it is always recommended to seek professional legal support. Contact one of our intellectual property attorneys today for personalized guidance regarding reissue patent applications.