Under 35 U.S.C. 251, an unexpired patent can be re-issued by surrendering the original/first issue on the following grounds.
For the grounds (a) – (d), a reissue application along with a prescribed fee can be filed anytime while the patent is in force.
But to enlarge the scope of a claim in a patent, a reissue application along with a prescribed fee has to be filed within two years from the original issue date. Adding new matter to the reissue application is not allowed. The term of a reissue patent is the unexpired part of the term of the original patent.
Here’s a detailed guide on how to file a reissue patent application by the USPTO
https://www.uspto.gov/sites/default/files/forms/uspto_reissue_ads_guide_Sept2014.pdf
Challenges in Reissue
References:
https://www.uspto.gov/web/offices/pac/mpep/s1410.html
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