What are “overlooked aspects” in the context of reissue applications?
“Overlooked aspects” in reissue applications refer to claims drawn to separate inventions, embodiments, or species that were disclosed but never covered by the claims in the original application prosecution. As explained in MPEP 1412.01:
“Claims to overlooked aspects are not subject to recapture because the claims are, by definition, unrelated to subject matter that was surrendered during the prosecution of the original application.”
It’s important to note that overlooked aspects are not merely incidental features of the originally claimed invention. They must be distinct elements that were never claimed and thus never surrendered. Additionally, the claims must still meet the original patent requirement of 35 U.S.C. 251 to be considered valid overlooked aspects.
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