MPEP 1400

Correction of Patents

Quick Statistics:

Number of Pages:  176 pgs
Sections:  1400 – 1490

Brief Summary:

A reissue application may be filed to correct an error made without any deceptive intent in the original patent. In order to qualify for reissue, the patent must be deemed wholly or partly inoperative or invalid as a result of the error.

The most common reasons for filing a reissue include; too narrow or too broad of claims, inaccuracies in the disclosure, an incorrectly claimed foreign priority, or a failure to make reference to or an incorrectly made reference to prior copending applications. Reissues may not be filed for minor typing errors.

Key Terms:

AssigneeBroadening ClaimsCertificate of Correction
Correcting InventorshipReexaminationReissue

37 CFR (Code of Federal Regulations):

37 CFR 1.121Manner of making amendments in application.
37 CFR 1.173Reissue specification, drawings, and amendments.

35 USC (United States Code):

35 USC 253Disclaimer.
35 USC 252Effect of reissue.

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