What is the significance of the two-year period in reissue applications?

The two-year period from the grant of the original patent is significant in reissue applications for several reasons, as outlined in MPEP 1403: Broadening Reissues: According to 35 U.S.C. 251(d), broadening reissue applications must be filed within this two-year period. Presumption of Diligence: The MPEP states, “Where any broadening reissue application is filed within two…

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What is the significance of the two-year time limit for broadening reissue applications?

What is the significance of the two-year time limit for broadening reissue applications? The two-year time limit for filing broadening reissue applications is a critical deadline in patent law. MPEP 1410 states: “A broadening reissue application must be filed within two years from the grant of the original patent.” This time limit is mandated by…

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Who can sign a reissue declaration for applications that seek to enlarge the scope of claims?

For reissue applications that seek to enlarge the scope of claims (broadening reissue), the following parties can sign the reissue declaration: The inventor or joint inventors The patentee or current patent owner (if there has been an assignment) can sign a substitute statement in certain circumstances It’s important to note that the assignee cannot sign…

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What is the “recapture rule” in broadening reissue claims?

The “recapture rule” is an important concept in broadening reissue claims. According to MPEP 1412.03: “A reissue will not be granted to ‘recapture’ claimed subject matter which was surrendered during prosecution of the original application.” This rule prevents patent owners from using reissue applications to regain subject matter that was deliberately given up during the…

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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…

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