When to Broaden with Re-Issue

A broadening re-issue application can be filed within two years of issuance of a patent. After that a re-issue can still be filed but the claims cannot be broadened in any way.

Broadening re-issue can be used for example to:

  • Broaden or narrow the claims to cover new competitors and/or avoid prior art
  • Correct and/or add priority claims
  • Re-open prosecution and keep an application pending by way of continuations
  • Fix errors in patent claims that cannot be corrected using a certificate of correction

In a System for Cooling a Body, a patent issued and two years after issuance, a re-issue application was filed. An original patent is surrendered once the re-issued patent issues, however, if no patent is re-issued, then the original patent remains in force.

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