Define: Application For A Reissue Patent

An application for a reissue patent occurs when an inventor requests to modify or rectify an already granted patent. This can only be done within two years of the original patent’s issuance. A patent application is a formal submission to the U.S. Patent and Trademark Office, which includes a description of the invention, drawings, and a fee. A provisional application can be filed up to a year prior to the patent application to establish an earlier date for prior art. A continued-prosecution application is a request to reopen a case after it has been finally rejected, while a continuing application carries forward the prosecution of the original application. A divisional application is based on the same disclosure as the original application but claims a different invention. An international application is filed under the Patent Cooperation Treaty to seek patent protection in specific member nations. A substitute application is a duplicate application filed after the response period for the initial office action has expired and the first application has been considered abandoned.

A reissue patent application is a request made by a patent holder to modify the extent of an already issued patent or rectify any errors in the issued patent. To initiate this process, the applicant must submit the application to the U.S. Patent and Trademark Office along with a specification, drawings, filing fee, and an oath or declaration. It is important to note that the scope of the claims can only be expanded if the application is filed within two years of the patent’s issuance date. For instance, if John has obtained a patent for a new bicycle design but realises that it does not encompass all aspects of his invention, he can file a reissue patent application to broaden the scope of his claims and cover all aspects of his invention. Similarly, if Mary has been granted a patent for a new phone design but discovers an error in the patent, such as mismatched drawings and description, she can file a reissue patent application to rectify the mistake and ensure that the patent accurately represents her invention.

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This glossary post was last updated: 17th April 2024.