MPEP Q & A 163: What are the Most Common Basis for Filing a Reissue Application?

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Question:

What are the most common basis for filing a reissue application?

Answer:

The most common bases for filing a reissue application are:

  • the claims are too narrow or too broad;
  • the disclosure contains inaccuracies;
  • applicant failed to or incorrectly claimed foreign priority; and
  • applicant failed to make reference to or incorrectly made reference to prior copending applications.

Chapter Details:

The answer to this question can be found in chapter 1400 of the MPEP. This chapter covers correction of patents.

The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 1402 of the MPEP.  The following is a brief summary of section 1402.

1402 Grounds for Filing

This section covers the grounds for filing a reissue application. Essentially, they are filed to correct an error in the patent, where, as a result of the error, the patent is deemed wholly or partly inoperative or invalid. The following types of errors are briefly mentioned and explained in this section; errors based on the scope of claims, inventorship errors, errors related to priority of a foreign application, errors in the benefit claim to a domestic application, and errors in drawings.