Legal Definitions - reissuable error

A reissuable error refers to a specific type of mistake found within an issued patent that was made without any intent to deceive. These are errors that can be corrected through a special legal process called a "reissue patent." Essentially, if a patent holder discovers a genuine, non-deceptive error in their patent – such as claiming too much or too little, or having a defective specification or drawing – they can apply to have the patent reissued with the corrections.

Here are some examples to illustrate this concept:

• Example 1: Incorrect Claim Scope

  Imagine an inventor patents a new type of durable adhesive. During the patent application process, due to an oversight by the patent attorney, one of the claims in the patent accidentally specifies that the adhesive is only suitable for "metal surfaces," even though the invention was designed and tested for "any rigid surface." This makes the patent's protection narrower than what the inventor was entitled to claim.

  Explanation: This scenario represents a reissuable error because it's a non-deceptive mistake (an accidental limitation, not an attempt to mislead) that results in the patent "claiming less than the inventor had a right to claim." The inventor can apply for a reissue patent to broaden this claim to accurately reflect the full scope of their invention, provided no new subject matter is introduced.

• Example 2: Drawing Discrepancy

  Consider a patent for an innovative bicycle gear system. In the detailed drawings accompanying the patent, a crucial connecting pin is correctly labeled "Component X" in one diagram, but mistakenly labeled "Component Y" in another diagram showing a different view of the same part. This inconsistency could confuse someone trying to understand or replicate the patented system.

  Explanation: This qualifies as a reissuable error because it's a clear, non-deceptive mistake within the patent's drawings. It doesn't aim to defraud but creates ambiguity and a "defective" visual representation. The patent holder can seek a reissue patent to correct the inconsistent labeling, ensuring clarity and accuracy in the patent's visual description.

• Example 3: Ambiguous Specification Language

  An inventor obtains a patent for a novel method of water purification. In the detailed written description (the "specification") of the patent, a sentence describing a critical step in the purification process is grammatically ambiguous, leading to two plausible interpretations of how the method should be performed. The inventor only realizes this ambiguity after the patent has been granted.

  Explanation: This is a reissuable error because the ambiguity in the specification is a non-deceptive mistake that could render the patent's description unclear or "defective." The inventor can apply for a reissue patent to clarify the sentence, ensuring the patent accurately and unambiguously describes the invention's operation without introducing new subject matter.