Reissue Applications (1400)

Question 1

What is a reissue application?

Answer 1

A request to correct an error in an issued patent.

Question 2

Who can file a reissue application?

Answer 2

The patent owner.

Question 3

What must a reissue declaration state?

Answer 3

That the patent is wholly or partly inoperative or invalid due to error.

Question 4

What types of errors qualify for reissue?

Answer 4

Errors without deceptive intent, such as claiming less or more than entitled.

Question 5

Can reissue be used to correct inventorship?

Answer 5

Yes, with proper documentation.

Question 6

What MPEP chapter governs reissue?

Answer 6

Chapter 1400.

Question 7

Can a reissue application be filed for design patents?

Answer 7

Yes, but not for plant patents.

Question 8

What must be surrendered in a reissue?

Answer 8

The original patent must be surrendered.

Question 9

Can reissue fix clerical errors?

Answer 9

Yes, including typos and incorrect references.

Question 10

Can a reissue application add claims?

Answer 10

Yes, depending on whether it is broadening or narrowing.

Question 11

What is a broadening reissue?

Answer 11

A reissue that enlarges the scope of the original claims.

Question 12

What is a narrowing reissue?

Answer 12

A reissue that limits or restricts the scope of the claims.

Question 13

When must a broadening reissue be filed?

Answer 13

Within 2 years from the patent’s issue date.

Question 14

Can a narrowing reissue be filed after 2 years?

Answer 14

Yes, there is no time limit for narrowing reissue.

Question 15

What if a narrowing reissue contains a broadening claim?

Answer 15

It will be treated as a broadening reissue and must meet the 2-year deadline.

Question 16

Can claim scope be broadened through reissue if no error is alleged?

Answer 16

No, a valid error must be identified.

Question 17

Can new matter be introduced in a reissue?

Answer 17

No, reissue cannot add new matter.

Question 18

Can a reissue correct a failure to claim foreign priority?

Answer 18

Yes, if within the allowable time frame.

Question 19

Can the same patent be reissued more than once?

Answer 19

Yes, multiple reissues are possible under certain conditions.

Question 20

What happens if broadening claims are added after 2 years?

Answer 20

They will be rejected as untimely.

Question 21

Is a reissue subject to examination?

Answer 21

Yes, it is examined like a new application.

Question 22

What forms are used to file a reissue?

Answer 22

A reissue oath/declaration, application documents, and a request.

Question 23

Can a reissue application be continued?

Answer 23

Yes, by filing continuation or divisional reissue applications.

Question 24

Can a reissue be filed for expired patents?

Answer 24

No, unless the patent is still enforceable.

Question 25

What is a supplemental reissue declaration?

Answer 25

A declaration correcting errors or adding missing statements.

Question 26

What happens if no error is stated in a reissue declaration?

Answer 26

The application may be rejected.

Question 27

Can a third party oppose a reissue?

Answer 27

No, but they may file third-party observations or challenge validity in court.

Question 28

What is a reissue continuation?

Answer 28

A reissue application based on an earlier reissue application.

Question 29

Are terminal disclaimers allowed in reissue?

Answer 29

Yes, under the same conditions as in original prosecution.

Question 30

Can multiple reissue applications be pending at once?

Answer 30

Yes, but they may be merged by the USPTO.

Question 31

Can reissue correct claim errors?

Answer 31

Yes, such as narrowing or broadening claims.

Question 32

Can reissue correct specification errors?

Answer 32

Yes, including omitted or incorrect text.

Question 33

Can reissue fix drawing errors?

Answer 33

Yes, including mislabeled figures.

Question 34

Can reissue correct priority claims?

Answer 34

Yes, if within the statutory time limits.

Question 35

Can reissue correct inventorship?

Answer 35

Yes, if the change is due to error.

Question 36

What if reissue adds multiple dependent claims?

Answer 36

They must conform to U.S. rules.

Question 37

Can reissue fix an improper claim to small entity status?

Answer 37

Yes, with correction of the status.

Question 38

Can reissue fix a claim omitted by mistake?

Answer 38

Yes, if the error is acknowledged and the claim is supported.

Question 39

Can reissue add new dependent claims?

Answer 39

Yes, if they do not broaden the scope after 2 years.

Question 40

Can reissue be used to fix terminal disclaimers?

Answer 40

No, terminal disclaimers cannot be withdrawn via reissue.

Question 41

What is the statute governing reissue?

Answer 41

35 U.S.C. §251.

Question 42

What is the difference between reissue and reexamination?

Answer 42

Reissue corrects errors by the patent owner; reexamination is typically initiated by third parties.

Question 43

What happens if a reissue application is rejected?

Answer 43

It can be appealed to the PTAB.

Question 44

Can a reissue be abandoned?

Answer 44

Yes, like any other application.

Question 45

Is reissue published like a regular application?

Answer 45

Yes, with a publication number and date.

Question 46

Can reissue patents be enforced?

Answer 46

Yes, once granted, they replace the original patent.

Question 47

Can reissue be filed to change the title of the invention?

Answer 47

Yes, if the change reflects the correction of an error.

Question 48

What must be shown for a broadening reissue to be accepted?

Answer 48

That the original patent was erroneously limited due to a mistake.

Question 49

Are reissue patents subject to post-grant review?

Answer 49

Yes, like any other patent.

Question 50

Can a reissue be used to correct an assignee’s name?

Answer 50

Yes, if the change corrects a true error.

Question 51

What is a reissue application?

Answer 51

A request to correct an error in a granted patent.

Question 52

What is a broadening reissue?

Answer 52

A reissue that expands the scope of claims.

Question 53

What is a narrowing reissue?

Answer 53

A reissue that reduces or limits claim scope.

Question 54

What is the 2-year rule?

Answer 54

The deadline for filing a broadening reissue.

Question 55

What is a reissue oath or declaration?

Answer 55

A statement asserting an error in the original patent.

Question 56

What is a supplemental declaration?

Answer 56

A revised or corrected declaration for a reissue.

Question 57

What is a reissue continuation?

Answer 57

A new reissue based on a prior reissue application.

Question 58

What is new matter?

Answer 58

Information not disclosed in the original application.

Question 59

What is a surrendered patent?

Answer 59

The original patent given up during reissue.

Question 60

What is 35 U.S.C. §251?

Answer 60

The statute authorizing reissue of patents.

Question 61

What is terminal disclaimer correction?

Answer 61

Not permitted by reissue.

Question 62

What is a claim error?

Answer 62

An incorrect, omitted, or improperly worded claim.

Question 63

What is inventorship correction?

Answer 63

Fixing errors in the list of inventors.

Question 64

What is an examination in reissue?

Answer 64

Full USPTO review like a new application.

Question 65

What is publication of reissue?

Answer 65

Public release of the reissue application.

Question 66

What is the difference between reissue and reexamination?

Answer 66

Reissue is by the owner to correct errors; reexamination challenges validity.

Question 67

What is enforceability of reissue patents?

Answer 67

They replace and enforce the corrected patent.

Question 68

What is a reissue division?

Answer 68

A reissue application filed to divide subject matter.

Question 69

What is an error without deceptive intent?

Answer 69

A mistake made honestly, eligible for reissue correction.

Question 70

What is applicant surrender?

Answer 70

Turning over the original patent to obtain a reissue.