6. Reissue (existing procedure) – A reissue appl
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Posted On: 06/02/2017 5:53:21 PM
6. Reissue (existing procedure) – A reissue application permits a patent owner to correct an error in an issued patent. A typical “error” correctable by reissue is the failure to claim the full scope of the invention. If filed within two years of the patent issue date, the claims can be broadened. Otherwise, the claims can only be narrowed, perhaps in an effort to distinguish the claims over newly discovered prior art. In either case, new claims can be added. Other correctable errors include inaccuracies in the specification, or the failure to claim foreign priority.
The AIA does not change any of these basic features of reissue applications. In a pre-AIA reissue, however, the error must have occurred “without any deceptive intention.” The AIA deletes this requirement from the law, effective September 16, 2012. The major impact of this change is the removal of a defense relied upon by accused infringers who would attempt to show an intentional wrongdoing on the part of the patent owner. This change is consistent with other provisions of the AIA, which aim at reducing the number of subjective questions, e.g., based on a party’s intent, from litigation in the hope of reducing litigation uncertainty and cost.
The AIA does not change any of these basic features of reissue applications. In a pre-AIA reissue, however, the error must have occurred “without any deceptive intention.” The AIA deletes this requirement from the law, effective September 16, 2012. The major impact of this change is the removal of a defense relied upon by accused infringers who would attempt to show an intentional wrongdoing on the part of the patent owner. This change is consistent with other provisions of the AIA, which aim at reducing the number of subjective questions, e.g., based on a party’s intent, from litigation in the hope of reducing litigation uncertainty and cost.
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