Do claims in a reissue application have a presumption of validity?
No, claims in a reissue application do not have a presumption of validity. The MPEP 1445 explicitly states:
“Claims in a reissue application enjoy no ‘presumption of validity.'”
This principle is supported by case law, including:
- In re Doyle, 482 F.2d 1385, 1392, 179 USPQ 227, 232-233 (CCPA 1973)
- In re Sneed, 710 F.2d 1544, 1550 n.4, 218 USPQ 385, 389 n.4 (Fed. Cir. 1983)
This means that during the examination of a reissue application, all claims are subject to full scrutiny and potential rejection, regardless of their status in the original patent.
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