How does the “overlooked aspects” doctrine apply to broadening reissue claims?

The “overlooked aspects” doctrine is an important consideration in broadening reissue claims. According to MPEP 1412.03:

“Claims to separate inventions/embodiments/species that were disclosed but never covered by the claims in the original application prosecution are claims to overlooked aspects.”

This doctrine allows patent owners to pursue claims in a reissue application that were disclosed in the original specification but never claimed. Key points about overlooked aspects include:

  • They are not subject to recapture because they were never surrendered
  • They must be directed to a separate invention, embodiment, or species
  • They must be supported by the original disclosure

Patent practitioners should carefully consider potential overlooked aspects when preparing broadening reissue applications, as they may provide opportunities for expanded patent coverage.

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Tags: Broadening Reissue, overlooked aspects, patent claims, separate inventions