Understanding the Application for a Reissue Patent: Definition and Process

Q: Can I file a reissue application after two years?

No, you can only broaden claims within two years of the patent&#039;s issuance. After that, you can only correct clerical errors.

Q: Who can file a reissue application?

The original patentee or their legal representatives can file a reissue application.

Definition & Meaning

An application for a reissue patent is a request made by a patent holder to modify the scope of an existing patent or to correct any errors that may have occurred in the patent's documentation. This process is applicable to utility, design, or plant patents. Importantly, filing a reissue application does not alter the original patent's term. The application must include all necessary components similar to those required for an original patent application, as well as adhere to specific rules governing reissue applications.

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Legal Use & context

This term is primarily used in intellectual property law, particularly in the context of patent law. Reissue applications are relevant when a patent holder discovers that their patent contains errors or if they wish to broaden the claims of their patent. Users may manage this process through legal forms and templates available from resources like US Legal Forms, which provide guidance on the necessary documentation and procedures.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A company holds a patent for a new type of engine but realizes that the claims do not cover an important feature. They file a reissue application to broaden the claims to include this feature, as they are within the two-year window from the patent's issuance.

Example 2: A patent holder discovers a clerical error in their patent documents that could affect their rights. They submit a reissue application to correct this error and ensure their patent remains enforceable.

Relevant laws & statutes

The primary regulation governing reissue patents is found in Title 37 of the Code of Federal Regulations, specifically 37 CFR 1.171. This regulation outlines the requirements and procedures for filing a reissue application.

Common misunderstandings

What to do if this term applies to you

If you believe you need to file an application for a reissue patent, start by reviewing your original patent to identify any errors or areas for claim broadening. Consider using templates from US Legal Forms to help you prepare your application accurately. If the process seems complex or you have questions, consulting with a legal professional is advisable to ensure your rights are protected.