How does the USPTO determine if a reissue claim is broadening?
How does the USPTO determine if a reissue claim is broadening?
The USPTO determines if a reissue claim is broadening by comparing it to the claims of the original patent. According to MPEP 1412.03:
“A claim is broadened if it is broader in any respect than the original patent claims, even though it may be narrowed in other respects.”
The USPTO examines whether the reissue claim:
- Eliminates any limitation or element from the original claim
- Replaces a limitation with a broader limitation
- Adds a new claim that is broader than any original claim
If any of these conditions are met, the reissue claim is considered broadening. This determination is crucial because broadening reissue applications are subject to specific time limits and additional scrutiny.
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