A broadened reissue patent is a type of patent that is reissued with claims that are broader than those in the original patent. This process allows inventors to correct errors or expand the scope of their patent protection. According to 35 U.S.C. § 251, a patent can be reissued within two years of its original grant, provided that the reissue application includes broader claims than the original patent.
Broadened reissue patents are primarily relevant in the field of intellectual property law, particularly in patent law. They are used when inventors want to enhance their patent claims to cover additional aspects of their invention that may not have been included in the original patent. This process can be crucial for protecting an invention from competitors and ensuring that the inventor's rights are maintained. Users can utilize legal templates from US Legal Forms to assist in filing a reissue application effectively.
Here are a couple of examples of abatement:
Example 1: An inventor holds a patent for a specific type of bicycle brake. After further development, they realize that their invention can also apply to other types of brakes. They file for a broadened reissue patent to include these new applications.
Example 2: A company has a patent for a specific chemical compound used in a drug. They discover that the compound has additional therapeutic uses. They may seek a broadened reissue patent to cover these new uses. (hypothetical example)
The primary statute governing broadened reissue patents is 35 U.S.C. § 251. This law outlines the conditions under which a patent may be reissued and the requirements for broader claims.
If you believe a broadened reissue patent applies to your situation, consider the following steps:
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You must file the application within two years of the original patent grant.