What is a reissue patent?

A reissue patent is a patent that is granted for an invention that was previously patented in the United States, but which has since expired. In California, a reissue patent can be requested from the United States Patent and Trademark Office (USPTO) if the original patent claims are either overly broad or too narrow. When a reissue patent is granted, the applicant is entitled to the same rights as they would have been afforded under the original patent. This includes the right to exclude others from making, using, selling, or offering to sell the inventions that are covered under the patent. The reissue patent also allows the patent to remain in effect for the same term as the original patent. Reissue patents can be requested if the patent was invalidated or revoked due to a mistake or omission in the patent application or prosecution, or if the scope of the original patent was overly narrow or overly broad. If a reissue patent is granted, the applicant must pay issue fees and maintenance fees just like with any other patent. In California, the USPTO is the primary place for applications for reissue patents. The process for obtaining a reissue patent is similar to the process for any other patent application, with the added complexity of having to explain why the original patent should be amended.

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What is a reissue patent?

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