China has no regulations regarding re-issuance of patents.
As for the United States, it does have laws in this regard. The following is a reprint:
Reissue Reissue is a process in which the patentee modifies the scope of protection of the patent right and then the USPTO reauthorizes it. It is a procedure after authorization. The patentee can correct errors caused by negligence (excluding fraud) by initiating the reissue procedure. The characteristics of the reissue procedure are as follows:
(1) Five basic conditions that must be met for reissue: First, it must be proven that the patent for which the reissue procedure is initiated is completely or partially invalid or unenforceable, such as the specification or Errors in the drawings make the patent unenforceable, or the patent claims more rights than it is entitled to claim. Secondly, it is necessary to prove that the defects in the patent are caused by errors without fraudulent intent, such as proving that the errors were not intentional. In order to hide the content of the technical solution; thirdly, it is necessary to prove that no new content has been added to the application in this procedure, that is, the reissued patent must be supported by the disclosure of the original specification; fourthly, for a reissued patent that expands the scope of protection, The application should be filed within 2 years from the original patent grant date. Because expanding the scope of rights may affect the interests of the public, including the interests of competitors, the law stipulates that it can only be proposed within 2 years of authorization. In addition, since the request for reissue to narrow the scope of rights will not affect the public interest, the law gives sufficient time to submit it, that is, it can be submitted at any time during the validity period of the patent. Finally, it is necessary to prove that the subject matter of the reissue is patentable. sex.
(2) The reissue procedure can only be initiated by the patentee. Neither the USPTO nor a third party has the right to initiate this procedure. The reissue application will be reviewed by the USPTO as a new application in accordance with the law.
(3) The effectiveness of a re-issued patent. In theory, a re-issued patent should have the same effectiveness and effect as the original patent. However, since the re-issued patent redefines the scope of rights, it may damage the In the interests of the public, for this reason, the law stipulates that third parties have the right to participate (Interveningrights), and strictly limits the re-issued patents, so that the effectiveness of re-issued patents will be different. ① For reissued patents whose scope of rights is consistent with the original patent, it will continue to be valid from the effective date of the original patent. ② For reissued patents whose scope of rights is different from the original patent, rights can only be claimed from the date of reissue; ③ After reissue, the law grants An absolute right of the public to continue to perform and engage in lawful acts performed before re-enactment will not be deemed to be infringed. Furthermore, when a reissue application is granted a patent, the original patent is deemed to have been abandoned.