Oftentimes patents get issued and they have errors and need to be corrected. Errors can be substantive or more typographical in nature and there are different mechanisms to address each one.

What Does Reissuing a Patent Application Mean?

Whenever any patent is, through error, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than he had a right to claim in the patent, the Director shall, on the surrender of such patent and the payment of the fee required by law, reissue the patent for the invention disclosed in the original patent, and in accordance with a new and amended application, for the unexpired part of the term of the original patent. No new matter shall be introduced into the reissue patent application. 35 USC 251(a)

No restriction on the number of reissue patent applications. It’s possible that the Director will approve several reissue patents – as there are no limits on the number of reissue applications may be given. There is a restriction on adding new matter and the claims’ scope may not be enlarged through reissue proceedings either.

Oftentimes, for errors that are non-substantive and do not make the patent (as granted) partly/wholly inoperative, a correction can be made under what’s called a “certificate of correction” and the typo/clerical error may be fixed on the official final patent document. Note, that just because the final reissue patent document has been updated, doesn’t mean it will be published in the Gazette.

Bold Patents Offers Reissue Patent Application Services

If errors are identified or prior art surfaces and calls patentability into question after a patent was issued, an inventor can seek reexamination and reissue patent approval. The reissue patent application process can be difficult to navigate; Bold Patents can help.

Our reissue patent services include documenting and explaining that the invention is still patentable as is, or that it can be amended through the reissue patent application process, including the newly discovered prior art. Bold Patents can also help in the event your reissue patent proceeding goes before the Patent Trial and Appeal Board (PTAB.)