When must a broadening reissue be filed?

A broadening reissue must be filed within 2 years of the patent grant to allow the patent owner to broaden the scope of their claims. This requirement is established by the provisions of U.S. patent law which aim to limit the ability to broaden claims after a reasonable period, ensuring that the public can rely on the scopes of granted patents.

The rationale is that the reissue process serves as a remedy for a patent that is deemed to be inoperative or invalid due to an error, allowing the patent holder to rectify the situation. However, the law imposes a timeframe to prevent indefinite uncertainty regarding the scope of a patent and to promote the stability of intellectual property rights.

The other options refer to timeframes or conditions that do not align with the regulations governing broadening reissues. Broadening reissues cannot be filed after the 2-year mark post-grant, and they are not contingent upon the patent being licensed out or relate to the original filing date of the patent. Thus, the requirement of filing within 2 years of the patent grant is essential for preserving the integrity and purpose of patent rights.