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:
| Assignee | An assignee is the individual or entity to whom the rights of a patent are legally transferred, granting them ownership and control over the patent. |
| Broadening Claims | Broadening claims refer to the process of amending a patent’s claims to expand their scope, typically during a reissue application, to cover more subject matter than originally claimed. |
| Certificate of Correction | A Certificate of Correction is an official document issued by the patent office to correct minor errors in a granted patent, such as typographical mistakes or inaccuracies in the inventor’s name. |
| Correcting Inventorship | Correcting inventorship involves amending the named inventors on a patent application or granted patent to accurately reflect the true inventors, typically through a formal request to the patent office. |
| Reexamination | Reexamination is a process where the patent office reevaluates the validity of an existing patent’s claims, usually in light of new evidence or prior art, to ensure the patent’s enforceability. |
| Reissue | Reissue refers to the process of correcting errors in a granted patent by surrendering the original patent and obtaining a new one with revised claims or specifications. |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.121 – Manner of making amendments in application. |
| 37 CFR 1.121 details the specific procedures and formats required for making amendments to a patent application, including changes to claims, specifications, and drawings, to ensure clarity and compliance with patent office standards. |
| 37 CFR 1.173 – Reissue specification, drawings, and amendments. |
| 37 CFR 1.173 outlines the requirements for submitting a reissue application, including providing a revised specification, drawings, and any necessary amendments to correct errors in the original patent. |
35 USC (United States Code):
| 35 USC 253 – Disclaimer. |
| 35 USC 253 allows a patent holder to formally disclaim or dedicate to the public any complete claim or terminal part of the term of a patent, effectively narrowing the scope or duration of the patent rights. |
| 35 USC 252 – Effect of reissue. |
| 35 USC 252 states that a reissued patent replaces the original and retains its effect for the unexpired term, while protecting intervening rights for those who began using the invention before the reissue. |
Quick Statistics:
Number of Pages: 176 pgs
Sections: 1400 – 1490
List of Sections:
| 1400.01 | Introduction |
| 1401 | Reissue |
| 1402 | Grounds for Filing |
| 1403 | Diligence in Filing |
| 1404 | Submission of Papers Where Reissue Patent Is in Litigation |
| 1405 | Reissue and Patent Term |
| 1406 | Citation and Consideration of References Cited in Original Patent |
| 1407 – 1409 | [Reserved] |
| 1410 | Content of Reissue Application |
| • 1410.01 Reissue Applicant and Inventor’s Oath or Declaration • 1410.02 Assignee Consent to the Reissue | |
| 1411 | Form of Specification |
| • 1411.01 Certificate of Correction or Disclaimer in Original Patent • 1411.02 New Matter | |
| 1412 | Content of Claims |
| • 1412.01 Reissue Claims Must Be for Same General Invention • 1412.02 Recapture of Canceled Subject Matter • 1412.03 Broadening Reissue Claims • 1412.04 Correction of Inventorship By Reissue • 1412.05 Correction of Inventorship in a Broadening Reissue Application | |
| 1413 | Drawings |
| 1414 | Content of Reissue Oath/Declaration |
| • 1414.01 Reissue Oath or Declaration in Reissue Application Filed On or After September 16, 2012 • 1414.02 Reissue Oath or Declaration in Reissue Application Filed Before September 16, 2012 • 1414.03 Supplemental Reissue Oath/Declaration | |
| 1415 | Reissue Application and Issue Fees |
| • 1415.01 Maintenance Fees on the Original Patent | |
| 1416 | No Physical Surrender of Original Patent |
| 1417 | Claim for Priority Under 35 U.S.C. 119(a)-(d) |
| 1418 | Notification of Prior/Concurrent Proceedings and Decisions Thereon, and of Information Known To Be Material to Patentability |
| 1419 – 1429 | [Reserved] |
| 1430 | Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette |
| 1431 – 1439 | [Reserved] |
| 1440 | Examination of Reissue Application |
| 1441 | Two-Month Delay Period |
| • 1441.01 Protest and Pre-issuance Submission in Reissue Applications | |
| 1442 | Special Status |
| • 1442.01 Litigation-Related or PTAB Trial-Related Reissues • 1442.02 Concurrent Litigation or Trial Before the Patent Trial and Appeal Board • 1442.03 Litigation Stayed • 1442.04 Litigation Involving Patent • 1442.05 Court Ordered Filing of Reissue Application | |
| 1443 | Initial Examiner Review |
| 1444 | Review of Reissue Oath/Declaration |
| 1445 | Reissue Application Examined in Same Manner as Original Application |
| 1446 – 1447 | [Reserved] |
| 1448 | Fraud, Inequitable Conduct, or Duty of Disclosure Issues |
| 1449 | Protest Filed in Reissue Where Patent Is in Interference or Contested Case |
| • 1449.01 Concurrent Office Proceedings • 1449.02 Interference in Reissue • 1449.03 Reissue Application in Derivation Proceeding | |
| 1450 | Restriction and Election of Species Made in Reissue Application |
| 1451 | Divisional Reissue Applications; Continuation Reissue Applications Where the Parent is Pending |
| 1452 | Request for Continued Examination of Reissue Application |
| 1453 | Amendments to Reissue Applications |
| 1454 | Appeal Brief |
| 1455 | Allowance and Issue |
| 1456 | Reissue Review |
| 1457 | Design Reissue Applications and Patents |
| 1458 – 1459 | [Reserved] |
| 1460 | Effect of Reissue |
| 1461 – 1469 | [Reserved] |
| 1470 | Public Access to Reissue Applications |
| 1471 – 1479 | [Reserved] |
| 1480 | Certificates of Correction — Office Mistake |
| • 1480.01 Expedited Issuance of Certificates of Correction – Error Attributable to Office | |
| 1481 | Certificates of Correction – Applicant’s Mistake |
| • 1481.01 Correction of Assignees’ Names • 1481.02 Correction of Named Inventor • 1481.03 Correction of 35 U.S.C. 119 and 35 U.S.C. 120 Benefits | |
| 1482 – 1484 | [Reserved] |
| 1485 | Handling of Request for Certificates of Correction |
| 1486 – 1489 | [Reserved] |
| 1490 | Disclaimers |