In the fast-paced world of innovation, inventors sometimes realize that their patents do not fully protect their inventions until after the patent issues. If the patent family has an application still pending at the patent office, the solution is to claim the invention more broadly in the continuation application. If there is no pending continuation, it still may be possible to file for a reissue patent to broaden the scope of the patent’s claims. But do not delay filing this; claims may only be broadened in a reissue patent application when filed within two years of the date that the original patent was issued (Figure 1).
▲Figure 1. A reissue patent application must be filed within two years of the original patent issue date in order to broaden the patent’s claims.
What is a broadening reissue patent application? A broadening reissue patent application is a request by a patent owner to modify an already-granted patent to enlarge the scope of its claims. For example, suppose you invented a new catalyst for the...
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