Can a reissue application be filed to add narrower claims?
Yes, a reissue application can be filed solely to add narrower claims to a patent. The MPEP cites the case of In re Tanaka, which states: the omission of a narrower claim from a patent can render a patent partly inoperative by failing to protect the disclosed invention to the full extent allowed by law.
This means that a reissue applicant can:
- Retain the broad independent claims of the original patent
- Add new dependent claims that are narrower in scope
It’s important to note that this does not require narrowing of the existing patent claims.
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