Legal Definitions - broadened reissue patent

A broadened reissue patent is a corrected version of an existing patent that expands the scope of legal protection for an invention. This process allows a patent holder to rectify an error in their original patent where the claims were inadvertently too narrow, meaning they didn't fully cover the true breadth of the invention as initially disclosed. To obtain a broadened reissue, the patent holder must typically apply within two years of the original patent's issue date. The new claims in the broadened reissue must still be supported by the original patent application's disclosure and cannot introduce entirely new subject matter.

• Example 1: Software Algorithm

  Imagine a software developer patents a novel data encryption algorithm. Their initial patent claims specifically describe the algorithm's use within a particular operating system and programming language. A year later, they realize the core mathematical principles of their algorithm are far more versatile and can be implemented across various platforms and languages, offering a much broader application. They might apply for a broadened reissue patent to expand their claims, protecting the fundamental algorithm itself rather than just its specific implementation on one system. This allows them to prevent others from using the algorithm in different contexts without infringing their patent.

• Example 2: Manufacturing Process

  Consider a company that invents and patents a unique manufacturing process for creating lightweight, durable composite materials, initially claiming the process only for producing bicycle frames. Within the two-year window, they discover that the exact same process can be effectively used to manufacture components for aircraft, automotive parts, and even sporting goods. They would seek a broadened reissue patent to modify their claims, extending protection for their innovative manufacturing process to cover its application in a wider array of industries and products, thereby securing a broader market advantage.

• Example 3: Medical Device

  A medical device company patents a new surgical instrument designed for a very specific type of minimally invasive heart surgery, with claims detailing its use only for that particular procedure. After extensive clinical trials and further development, they realize the instrument's unique design features make it highly effective and safe for several other related minimally invasive surgeries on different organs. To protect these broader applications, they could apply for a broadened reissue patent. This would allow them to expand the claims to cover the instrument's use in a wider range of surgical procedures, provided these broader uses were implicitly supported by the original patent's technical description.