§ 251. Reissue of defective patents

674 words·~3 min read·/usc/title-35/section-251

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(a)In General.— Whenever any patent is, through error, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than he had a right to claim in the patent, the Director shall, on the surrender of such patent and the payment of the fee required by law, reissue the patent for the invention disclosed in the original patent, and in accordance with a new and amended application, for the unexpired part of the term of the original patent. No new matter shall be introduced into the application for reissue.

(b)Multiple Reissued Patents.— The Director may issue several reissued patents for distinct and separate parts of the thing patented, upon demand of the applicant, and upon payment of the required fee for a reissue for each of such reissued patents.

(c)Applicability of This Title.— The provisions of this title relating to applications for patent shall be applicable to applications for reissue of a patent, except that application for reissue may be made and sworn to by the assignee of the entire interest if the application does not seek to enlarge the scope of the claims of the original patent or the application for the original patent was filed by the assignee of the entire interest.

(d)Reissue Patent Enlarging Scope of Claims.— No reissued patent shall be granted enlarging the scope of the claims of the original patent unless applied for within two years from the grant of the original patent.

(July 19, 1952, ch. 950, 66 Stat. 808; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §§ 4(b)(2), 20(d), Sept. 16, 2011, 125 Stat. 296, 333.)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 64 (R.S. 4916, amended May 24, 1928, ch. 730, 45 Stat. 732.)

The sentences of the corresponding section of existing statute are rearranged and divided into two sections with some changes in language. The clause at the end of the present statute is omitted as obsolete.

The third paragraph incorporates by reference the requirements of other applications, and adds a new provision relating to application for reissue being made in certain cases by the assignee.

A two year period of limitation on applying for broadened reissues is added, codifying the present rule of decision with a fixed period.

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July 19, 1952, ch. 950
66 Stat. 808
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]
113 Stat. 1536
Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)
116 Stat. 1906
Pub. L. 112–29
125 Stat. 296
May 24, 1928, ch. 730
45 Stat. 732
Pub. L. 112–29, § 20(d)
Pub. L. 112–29, § 4(b)(2)
Pub. L. 107–273
Pub. L. 106–113
section 4(b)(2) of Pub. L. 112–29
section 4(e) of Pub. L. 112–29
section 20(d) of Pub. L. 112–29

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cites case law

§ 251

Reissue of defective patents

Fed. Reg.×73

C.F.R.×4

U.S.C.§ 111

U.S.C.§ 2

U.S.C.§ 1

ActJuly 19, 1952, ch. 950

Stat.66 Stat. 808

Pub. L.Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]

Stat.113 Stat. 1536

Pub. L.Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)

Cites 20 · showing 8Cited by 77 across 2 sources