Application for a Reissue Patent Law and Legal Definition

An application for a reissue patent is an application by a patentee to change the scope of a patent that has already been issued, or to correct clerical or technological errors in the issued patent. Generally reissue patents are issued for utility, design, or plant patents. A reissue patent does not change the term of the original patent. An application for reissue must contain the same parts required for an application for an original patent, and should comply with all the rules relating thereto. In addition, it must also comply with the requirements of the rules relating to reissue applications. An application for reissue must contain the entire specification, including the claims, and the drawings of the patent However, the scope of the claims can be broadened only if the application is made within two years of the date on which the patent was issued. [37 CFR 1.171]. A reissue will be granted to the original patentee, his/her legal representatives or assigns as the interest may appear.