What is the significance of the original patent requirement in reissue applications?
What is the significance of the original patent requirement in reissue applications?
The original patent requirement is a crucial aspect of reissue applications. According to MPEP 1440, “The reissue claims must be for the same invention as that disclosed as being the invention in the original patent, as required by 35 U.S.C. 251.” This means that:
- The reissue application must seek to correct an error in the original patent
- The claimed invention in the reissue must be present in the original patent
- New matter cannot be introduced in a reissue application
The examiner must carefully review the reissue application to ensure compliance with this requirement. If the reissue claims are not for the same invention as that disclosed in the original patent, the examiner should reject the claims under 35 U.S.C. 251.
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