A broadening reissue application can be filed by whom?

A broadening reissue application can be filed by all joint inventors or by the assignee if certain qualifications are met. This reflects the principle that reissue applications allow the patent owner to correct errors in a patent, which may include broadening the scope of the claims. The ability to file a broadening reissue is extended to any of the original joint inventors, as they can collectively act on behalf of the patent, or to the assignee, who holds the rights to the patent due to transfer of ownership.

This provision is critical as it ensures that rightful parties who have contributed to the invention or who legally own the patent have the ability to seek necessary amendments without being limited to a single individual. The requirement for certain qualifications ensures that those filing have a legitimate stake in the patent, thereby maintaining the integrity of the patent system.

Filing a broadening reissue is not limited to just the original patent owner. Instead, the inclusion of joint inventors and assignees as potential filers of the application supports collaborative invention and acknowledges the varying structures of ownership that may arise in the context of patents.