Reissue

35 U.S.C. 251

Reissue of defective patents

(a) IN GENERAL.—Whenever any patent is, through error,

deemed wholly or partly inoperative or invalid, by reason of a defective

specification or drawing, or by reason of the patentee claiming more or less than

he had a right to claim in the patent, the Director shall, on the surrender of

such patent and the payment of the fee required by law, reissue the patent for the

invention disclosed in the original patent, and in accordance with a new and

amended application, for the unexpired part of the term of the original patent. No

new matter shall be introduced into the application for reissue.

(b) MULTIPLE REISSUED PATENTS.— The Director may issue

several reissued patents for distinct and separate parts of the thing patented,

upon demand of the applicant, and upon payment of the required fee for a reissue

for each of such reissued patents.

(c) APPLICABILITY OF THIS TITLE.— The provisions of this

title relating to applications for patent shall be applicable to applications for

reissue of a patent, except that application for reissue may be made and sworn to

by the assignee of the entire interest if the application does not seek to enlarge

the scope of the claims of the original patent or the application for the original

patent was filed by the assignee of the entire interest.

(d) REISSUE PATENT ENLARGING SCOPE OF CLAIMS.—No

reissued patent shall be granted enlarging the scope of the claims of the original

patent unless applied for within two years from the grant of the original

patent.

35 U.S.C. 251

(pre-AIA) Reissue of defective patents

e of the claims of the original patent or the application for the original

patent was filed by the assignee of the entire interest.

(d) REISSUE PATENT ENLARGING SCOPE OF CLAIMS.—No

reissued patent shall be granted enlarging the scope of the claims of the original

patent unless applied for within two years from the grant of the original

patent.

35 U.S.C. 251

(pre-AIA) Reissue of defective patents.

Whenever any patent is, through error without any deceptive intention,

deemed wholly or partly inoperative or invalid, by reason of a defective specification

or drawing, or by reason of the patentee claiming more or less than he had a right to

claim in the patent, the Director shall, on the surrender of such patent and the payment

of the fee required by law, reissue the patent for the invention disclosed in the

original patent, and in accordance with a new and amended application, for the unexpired

part of the term of the original patent. No new matter shall be introduced into the

application for reissue.

The Director may issue several reissued patents for distinct and

separate parts of the thing patented, upon demand of the applicant, and upon payment of

the required fee for a reissue for each of such reissued patents.

The provisions of this title relating to applications for patent shall

be applicable to applications for reissue of a patent, except that application for

reissue may be made and sworn to by the assignee of the entire interest if the

application does not seek to enlarge the scope of the claims of the original patent.

No reissued patent shall be granted enlarging the scope of the claims

of the original patent unless applied for within two years from the grant of the

original patent.

In this chapter, for reissue applications filed before

September 16, 2012, all references to

pre-AIA 35 U.S.C. 251

and

253

and

pre-AIA 37 CFR

1.172

,

1.175

,

1.321

, and

3.73

are to the law and rules in effect on September 15, 2012.

35 U.S.C.

251

and

pre-AIA 35 U.S.C

enlarging the scope of the claims

of the original patent unless applied for within two years from the grant of the

original patent.

In this chapter, for reissue applications filed before

September 16, 2012, all references to

pre-AIA 35 U.S.C. 251

and

253

and

pre-AIA 37 CFR

1.172

,

1.175

,

1.321

, and

3.73

are to the law and rules in effect on September 15, 2012.

35 U.S.C.

251

and

pre-AIA 35 U.S.C. 251

permit the

reissue of a patent to correct an error in the patent and provide criteria for the reissue.

Pre-AIA 35 U.S.C.

251

requires that any error to be corrected must have been made

“without deceptive intention.” Effective September 16, 2012, Public Law 112-29, sec. 20,

125 Stat. 284 (Leahy-Smith America Invents Act (AIA)), amended

35 U.S.C. 251

to

eliminate the “without deceptive intention” clause. This law as amended applies to reissue

applications filed on or after September 16, 2012.

37 CFR 1.171

through

1.178

are rules

directed to reissue.

An Office action in a reissue application should include

form paragraph

14.01

.