Sterne Kessler is the leading law firm for reissue, having handled over 150 reissue matters in the last several decades. Our success flows directly from the extensive experience our attorneys and other IP professionals have in handling these cases at the Office, the Board, and as reissue experts in litigation.
There are two types of reissue: broadening and narrowing. A broadening reissue must be filed within two years of patent issuance, while a narrowing reissue can be filed through the expiration of a patent, even if that patent was invalidated in a prior USPTO or federal court proceeding. Once filed, continuation and divisional reissue applications can be filed to expand a patent family for enforcement or license up through expiration of the underlying patent. A complete reissue application requires at least a preliminary amendment showing the changes a patent owner wishes to make to a patent in addition to a declaration explaining at least one error the patent owner wishes to correct.
Please contact us with your general reissue questions.