What is the significance of the original patent requirement in reissue applications?
What is the significance of the original patent requirement in reissue applications? The original patent requirement is a crucial aspect of reissue applications. According to MPEP 1440, “The reissue claims must be for the same invention as that disclosed as being the invention in the original patent, as required by 35 U.S.C. 251.” This means…
Read MoreHow does the Antares Pharma case impact the original patent requirement?
The Antares Pharma Inc., v. Medac Pharma Inc. case significantly impacted the interpretation of the original patent requirement. According to MPEP 1412.01: “To satisfy the original patent requirement where a new invention is sought by reissue, ‘… the specification must clearly and unequivocally disclose the newly claimed invention as a separate invention.’” This means that…
Read More