Morgan Lewis

Morgan Lewis

A reissue application may be filed by a patent owner to correct an error in a patent. Reissue applications are useful to correct substantive errors that cannot be corrected with a certificate of correction. For example, if new art is discovered after a patent issues, a reissue application may be used to get the new prior art considered by the US Patent and Trademark Office.

In order for a reissue to be proper, the patent must be considered “wholly inoperative or partly inoperative or invalid” as a result of the error. See MPEP § 1401. Such errors may arise during the preparation and/or prosecution of an application that later became a patent.

Common bases for filing a reissue application include the following:

  • The claims are too narrow or too broad (but note that broadening reissue can be only be filed within two years of a patent’s issuance).
  • The disclosure contains inaccuracies.
  • Applicant failed to or incorrectly claimed foreign priority.
  • Applicant failed to make reference to or incorrectly made reference to prior co-pending applications.

See MPEP § 1402.

Thus, reissue applications can be a helpful tool for a patent owner to strengthen its patent portfolio before it is attacked by competitors or to prepare a patent for use in a later litigation.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morgan Lewis | Attorney Advertising

Written by:

Morgan Lewis

Morgan Lewis on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.