Patent Reissue Applications

Patent reissue applications allow patent holders to correct errors in already issued patents with the U.S. Patent and Trademark Office. The patent owner may address a failure to fully claim the scope of the invention in a broadening reissue, or may narrow the scope of the claims in a narrowing reissue. Only patent owners can file reissue applications, and the patent will only be reissued if there are significant errors in the original patent. It is also important to note that broadening reissues must be filed within two years from the grant of the original patent.

Patent reissue applications are often used to strengthen a patent pre-litigation, or to add claims to cover known patent infringers, and are a valuable enforcement strategy should a third-party challenge a patent’s validity with inter partes review.