35 U.S.C. § 251 — Reissue of defective patents

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 261 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a patent has an error making it partly invalid, the patent office can reissue it. The reissued patent covers the same invention but can't add new material. A broader reissue must be requested within two years of the original patent's grant.

(a) In General: If a patent turns out to be wholly or partly inoperative or invalid because of an error — a defective specification or drawing, or because the patent holder claimed more or less than they were entitled to — the Director must reissue the patent. To do this, the patent holder surrenders the original patent, pays the required fee, and files a new, amended application. The reissued patent covers the invention described in the original patent, for whatever time remains on the original patent's term. No new matter may be introduced into a reissue application. (b) Multiple Reissued Patents: The Director may issue several reissued patents, each covering a distinct, separate part of the invention, if the applicant demands it and pays the required fee for each reissued patent. (c) Applicability of This Title: The usual rules for patent applications also apply to reissue applications — except that the assignee of the entire interest may sign and swear to the reissue application, if either the reissue doesn't try to broaden the original patent's claims, or that assignee filed the original application too. (d) Reissue Patent Enlarging Scope of Claims: No reissued patent may be granted that broadens the original patent's claims, unless the reissue application is filed within two years of when the original patent was granted.

the actual law source: uscode.house.gov ↗public domain

(a)In General.—

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 application for reissue.

(b)Multiple Reissued Patents.—

The Director may issue several reissued patents for distinct and separate parts of the thing patented, upon demand of the applicant, and upon payment of the required fee for a reissue for each of such reissued patents.

(c)Applicability of This Title.—

The provisions of this title relating to applications for patent shall be applicable to applications for reissue of a patent, except that application for reissue may be made and sworn to by the assignee of the entire interest if the application does not seek to enlarge the scope of the claims of the original patent or the application for the original patent was filed by the assignee of the entire interest.

(d)Reissue Patent Enlarging Scope of Claims.—

No reissued patent shall be granted enlarging the scope of the claims of the original patent unless applied for within two years from the grant of the original patent.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 808; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §§ 4(b)(2), 20(d), Sept. 16, 2011, 125 Stat. 296, 333.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 808
1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1906
2011Amended · Pub. L. 112-29 · 125 Stat. 296, 333

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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