What is the recapture rule in patent reissue applications?

The recapture rule prevents a patent owner from regaining through reissue subject matter that was surrendered during the prosecution of the original patent application to obtain the patent. As stated in MPEP 1412.02:

“A reissue will not be granted to ‘recapture’ claimed subject matter which was surrendered in an application to obtain the original patent.”

This rule is based on the error requirement in 35 U.S.C. 251 and helps maintain the integrity of the patent system by preventing patent owners from improperly extending patent rights.

To learn more:

• recapture rule
• patent reissue
• prosecution history estoppel