Patent Bar Practice Exam 2025 - Free Patent Bar Practice Questions and Study Guide

The statement regarding the ability to file a broadening reissue application emphasizes the fundamental principles governing reissue applications in patent law. A broadening reissue application is specifically intended for correcting a patent that has an error in its claims, allowing the patentee to broaden the scope of the claims that were initially granted.

The option concerning the broader claim than the original highlights a key aspect of a broadening reissue application. Under U.S. patent law, particularly 35 U.S.C. § 251, a reissue patent can only be granted to correct a defective patent and cannot broaden the claims beyond what the original patent disclosed. If a claim is broader than what was disclosed originally, it cannot be filed as a broadening reissue application, as this would contravene the statutory provisions that maintain the integrity of the original patent disclosure.

In contrast, an application filed by the original inventor or an assignee within two years of the original patent grant can typically be accepted as a broadening reissue, as long as the claims remain consistent with the original disclosure. Additionally, claims that were previously rejected can still form part of a reissue application, as applicants often seek to refine or revise their claims in light of previous rejections during examination.