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LSDefine
Simple English definitions for legal terms
application for a reissue patent
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A quick definition of application for a reissue patent:
An application for a reissue patent is when an inventor asks to change or correct an already issued patent. This can only be done within two years of the original patent being issued. A patent application is a request for a patent filed with the U.S. Patent and Trademark Office, including a description of the invention, drawings, and a fee. A provisional application can be filed up to a year before the patent application to establish a date for prior art. A continued-prosecution application is a request to reopen a case after final rejection, while a continuing application carries on prosecution of the original application. A divisional application is based on the same disclosure as the original application but claims a different invention. An international application is filed under the Patent Cooperation Treaty for patent protection in specified member nations. A substitute application is a duplicate application filed after the response period for a first office action has expired and the first application has been deemed abandoned.A more thorough explanation:
An application for a reissue patent is a request made by a patentee to change the scope of an already issued patent or to correct errors in the issued patent. The application must be filed with the U.S. Patent and Trademark Office and accompanied by a specification, drawings, filing fee, and an oath or declaration. The scope of the claims can only be broadened if the application is made within two years of the date on which the patent was issued.
Example: John has been granted a patent for a new type of bicycle. However, he realizes that the patent does not cover all the aspects of his invention. He can file an application for a reissue patent to broaden the scope of his claims and cover all the aspects of his invention.
Example: Mary has been granted a patent for a new type of phone. However, she realizes that there is a mistake in the patent, and the drawings do not match the description. She can file an application for a reissue patent to correct the mistake and ensure that the patent accurately reflects her invention.