Define: Reissue Patent

A reissue patent is a legal document issued by the United States Patent and Trademark Office (USPTO) that corrects errors or omissions in an existing patent. It allows the patent owner to make changes to the original patent, such as adding new claims or correcting inaccuracies.

There are several reasons why someone may want to reissue a patent. It could be to correct errors or omissions in the original patent, to broaden the scope of the claims, or to add new claims that were not included in the original patent.

Only the original patent owner or their legal representative can apply for a reissue patent. The application must be filed within two years from the grant of the original patent.

A reissue patent can be used to correct errors in the specification, claims, or drawings of the original patent. It can also be used to correct errors in the inventorship or to add new claims that were inadvertently omitted.

The time it takes to obtain a reissue patent can vary depending on various factors, such as the complexity of the changes being made and the workload of the USPTO. On average, it can take anywhere from several months to a year or more.

Yes, a reissue patent can be enforced against infringers just like any other patent. However, it is important to note that the reissue patent can only cover the subject matter that was disclosed in the original patent.

Yes, a reissue patent can be challenged or invalidated through various legal proceedings, such as an ex parte reexamination or an inter partes review. The grounds for challenging a reissue patent are similar to those for challenging an original patent, such as lack of novelty or non-obviousness.

Yes, a reissue patent can be licensed or assigned to another party, just like any other patent. The rights and obligations associated with the reissue patent can be transferred through a legally binding agreement.

No, a reissue patent cannot extend beyond the expiration date of the original patent. The reissue patent will have the same expiration date as the original patent, regardless of any changes or corrections made through the reissue process.

The cost of obtaining a reissue patent can vary depending on various factors, such as the complexity of the changes being made and the attorney fees involved. It is recommended to consult with a patent attorney or agent to get an accurate estimate of the costs involved.