
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 35USC251]

 
                            TITLE 35--PATENTS
 
            PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
 
             CHAPTER 25--AMENDMENT AND CORRECTION OF PATENTS
 
Sec. 251. Reissue of defective patents

    Whenever any patent is, through error without any deceptive 
intention, 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.
    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.
    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.
    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, 
Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 
Stat. 1536, 1501A-582.)


                      Historical and Revision Notes

    Based on Title 35, U.S.C., 1946 ed., Sec. 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.


                               Amendments

    1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner'' 
in first and second pars.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, 
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out 
as a note under section 1 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 282 of this title.
