Errors in an issued patent undermine its enforceability, create ambiguity, or even affect its validity. Patent rules provide mechanisms to correct these errors. The two primary options are the Certificate of Correction and the Reissue Application. Each serves a distinct purpose and is suited to specific types of errors. When to Use a Certificate of Correction? A Certificate … [Read more...]
Reissue application
A reissue application is a patent that is surrendered due to an error that deems it wholly or partially invalid. The surrendered patent is examined in light of the error. Broadening reissue applications are possible within two years after the date of patent grant. Otherwise, the reissue application may only narrow the claims.
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What Is the Best Way to Broaden Patent Protection: Continuing or Reissue Application?
Filing a continuing patent application is the best way to broaden patent protection (i.e., patent’s claim), not reissue patent applications. In a broadening reissue patent application, the patent's claims cannot be amended or broadened so as to exclude the primary invention described in the patent application under the ‘original patent’ requirement. In contrast, in a … [Read more...]