What is a surrender generating limitation (SGL) in patent reissue?
A surrender generating limitation (SGL) is a key concept in recapture analysis for patent reissues. According to MPEP 1412.02, an SGL is defined as:
“A ‘limitation’ presented, argued, or stated to make the claims patentable over the art (in the original application) and ‘generates’ the surrender of claimed subject matter.”
An SGL can be created by:
- Presenting new/amended claims to define the invention over prior art
- Arguments made by the applicant that a limitation defines the invention over prior art
Identifying SGLs is crucial in determining whether impermissible recapture has occurred in a reissue application.
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