What additional requirements exist for reissue applications seeking to broaden claims?
For reissue applications filed on or after September 16, 2012, that seek to broaden the scope of the patent claims, there are additional requirements for the reissue oath or declaration. The MPEP 1414 states:
“For an application filed on or after September 16, 2012 that seeks to enlarge the scope of the claims of the patent, the reissue oath or declaration must also identify a claim that the application seeks to broaden in the identification of the error that is relied upon to support the reissue application.”
Furthermore, the MPEP clarifies:
“A general statement, e.g., that all claims are broadened, is not sufficient to satisfy this requirement. In specifically identifying the error as required by 37 CFR 1.175(a), it is sufficient that the reissue oath/declaration identify the claim being broadened and a single word, phrase, or expression in the specification or in an original claim, and how it renders the original patent wholly or partly inoperative or invalid.”
This means that applicants must be specific in identifying which claim(s) they seek to broaden and how the broadening addresses an error in the original patent. This requirement helps ensure that the reissue process is used appropriately for correcting errors in the patent.
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