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Nonetheless, the mere fact that the application purports to be a continuation or divisional of a parent reissue application does not make it a reissue application itself, since it is possible to file a 35 U.S.C. 111(a) continuing application of a reissue application.

35 U.S.C. § 251 permits a patentee to apply for a reissue patent “enlarging the scope of the original patent,” if the reissue is “applied for within two years from the grant of the original patent.”

A request for continued examination (RCE) under 37 CFR 1.114 is available for a reissue application for reissue of a utility or plant patent filed on or after June 8, 1995. This applies even where the application, which resulted in the original patent, was filed before June 8, 1995.

Amendment of New Claims An amendment of a “new claim” (i.e., a claim not found in the patent, that was previously presented in the reissue application) must be done by presenting the amended “new claim” containing the amendatory material, and completely underlining the claim, including the claim number.

What is refund reissue request? If you have received an intimation from Income Tax Department or Refund Banker (SBI) that the processing of refund has failed, you can submit a Refund Reissue Request on the e-Filing portal.

To file a broadening reissue, a patent owner must file their request to correct the patent within two years of the issue date, and identify “at least one error” in the original patent. 35 U.S.C. § 251(d); MPEP §1412.03.

A reissue application is filed when an issued patent, through error, is considered to be “wholly or partly inoperative or invalid.”1 Reissue, therefore, may be utilized to correct errors that are more substantive than those which may be corrected by simply requesting a certificate of correction.

A reissue application is filed to correct an error in the patent, where, as a result of the error, the patent is deemed wholly or partly inoperative or invalid. An error in the patent arises out of an error in conduct which was made in the preparation and/or prosecution of the application which became the patent.