REISSUE PATENT
Once your patent is approved, there’s many other ways to further strengthen its protection.
Post Patent Approval
What is a Reissue Patent?
A reissue patent can be obtained if an error renders an issued patent wholly or partially inoperable or invalid. Correctable errors can be a defective specification, drawing or priority patent application reference. In addition, a reissue patent can be obtained if an applicant claims more or less than the applicant is entitled to. If filed within two years of filing, a reissue application can be filed to obtain broader claim scope.
Information becoming available after the grant of the patent may raise questions about the validity of the patent or adequacy of protection provided by the patent. Filing a reissue patent application allows the patentee to narrow some claims that are believed to be invalid, or broaden claims that fail to fully protect an invention. It should be noted that claiming subject matter not disclosed in the issued patent is not allowed in a reissue proceeding.
While a reissue patent application for narrower claims can be filed anytime before the expiration of the patent, a reissue patent application for broader claims can only be filed within two years from the issue date of the patent. A reissue patent application has some particular requirements. It requires a declaration specifying at least one error that is being correct. The reissue proceeding procedure also has numerous limitations. It cannot be used to correct certain types of errors, such as failure to file a continuation or divisional patent application from the original disclosure, or a decision with deceptive intent. As an additional example, simply adding a new claim is not allowed without a valid correction.
Patent reissue is a very powerful tool in certain situations. For example, a competitor’s products or services can read on an invention disclosed by an issued patent, but the invention may not be properly claimed in the issued patent. In such a case, filing a reissue patent application to properly claim the infringed invention is the right approach to stop the competitor’s infringing activities or force it to seek a patent license for the invention.
Experienced Patent Attorneys
The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.
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Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.
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Patent FAQs
Here’s a list of the most frequently asked questions about patents. Open each to see our pages dedicated to that topic.
How long does it take to get a patent in Chicago?
The timeline varies depending on the type of patent and the USPTO’s backlog. On average, utility patents take 1-3 years, while design patents are typically processed faster.
What is the cost of filing a patent?
Patent costs vary based on complexity. A utility patent can range from $5,000 to $15,000+, including USPTO and attorney fees. Design patents generally cost less.
Can I enforce my patent if someone infringes on it?
Yes, patent owners can legally enforce their rights and may file lawsuits in federal court for injunctions or damages. A patent attorney can help navigate the process.
What is the difference between utility and design patents?
- Utility Patents protect the functionality of an invention (valid for 20 years).
- Design Patents protect the appearance (valid for 15 years).
Do I need a patent attorney to file a patent?
While not required, working with a patent attorney significantly improves your chances of success, ensuring a strong, well-drafted application and USPTO compliance.
How do I check if my invention is already patented?
A patent search helps determine if an idea is novel. You can search the USPTO database, but a comprehensive attorney-conducted search provides the most reliable results.