# MPEP § 1401: Reissue > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/MPEP_S1401 ## Section - **Citation:** MPEP § 1401 - **Heading:** Reissue - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** USPTO MPEP / Chapter 1400 - Correction of Patents / MPEP § 1401 ## Text 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 . ## Nearby sections - [MPEP § 1400.01 Introduction](https://www.frixlaw.com/law-library/statutes/MPEP_S1400.01.md) - [MPEP § 1401 Reissue](https://www.frixlaw.com/law-library/statutes/MPEP_S1401.md) - [MPEP § 1402 Grounds for Filing](https://www.frixlaw.com/law-library/statutes/MPEP_S1402.md) - [MPEP § 1403 Diligence in Filing](https://www.frixlaw.com/law-library/statutes/MPEP_S1403.md) - [MPEP § 1404 Submission of Papers Where Reissue Patent Is in Litigation](https://www.frixlaw.com/law-library/statutes/MPEP_S1404.md) - [MPEP § 1405 Reissue and Patent Term](https://www.frixlaw.com/law-library/statutes/MPEP_S1405.md) - [MPEP § 1406 Citation and Consideration of References Cited in Original Patent](https://www.frixlaw.com/law-library/statutes/MPEP_S1406.md) - [MPEP § 1410 Content of Reissue Application](https://www.frixlaw.com/law-library/statutes/MPEP_S1410.md) - [MPEP § 1410.01 Reissue Applicant and Inventor's Oath or Declaration](https://www.frixlaw.com/law-library/statutes/MPEP_S1410.01.md) - [MPEP § 1410.02 Assignee Consent to the Reissue](https://www.frixlaw.com/law-library/statutes/MPEP_S1410.02.md) - [MPEP § 1411 Form of Specification](https://www.frixlaw.com/law-library/statutes/MPEP_S1411.md) - [MPEP § 1411.01 Certificate of Correction or Disclaimer in Original Patent](https://www.frixlaw.com/law-library/statutes/MPEP_S1411.01.md) - [MPEP § 1411.02 New Matter](https://www.frixlaw.com/law-library/statutes/MPEP_S1411.02.md) - [MPEP § 1412 Content of Claims](https://www.frixlaw.com/law-library/statutes/MPEP_S1412.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S1401. Check the current official text before relying on it. Not legal advice.