Can original patent claims be restricted in a reissue application?
No, original patent claims cannot be restricted in a reissue application. The MPEP 1450 clearly states: “As stated in 37 CFR 1.176(b), the examiner is not permitted to require restriction among original claims of the patent (i.e., among claims that were in the patent before filing the reissue application).” This rule applies even if the…
Read MoreWhat happens if a disclaimer of all original patent claims is filed in a reissue application?
If a disclaimer of all original patent claims is filed in a reissue application with newly added claims, only the new claims will be examined. The MPEP 1450 states: “If a disclaimer of all the original patent claims is filed in the reissue application containing newly added claims that are separate and distinct from the…
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