When might a patent title change be necessary during reexamination?
While patent title changes during reexamination are rare, there are situations where they might be necessary. The MPEP 2660.02 provides an example: “An example of a situation where it would be appropriate to change the title is where all the claims directed to one of the categories of invention (in the patent) are canceled via…
Read MoreHow does infringement analysis differ for product-by-process claims?
Infringement analysis for product-by-process claims differs from that of conventional product claims. According to MPEP 2113: “[I]n the context of an infringement analysis, a product-by-process claim is only infringed by a product made by the process recited in the claim.” This means that while a prior art product made by a different process can anticipate…
Read MoreWhat is a broadened reissue claim?
A broadened reissue claim is a claim that enlarges the scope of the claims of the original patent. According to the MPEP, A broadened reissue claim is a claim which enlarges the scope of the claims of the patent, i.e., a claim which is greater in scope than each and every claim of the original…
Read MoreWhat 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…
Read MoreWhat is the relationship between genus and species in patent claims?
In patent claims, the relationship between genus and species is hierarchical, with genus representing a broader category and species being more specific examples within that category. The MPEP 806.04 states: “Where an application includes claims to different species, the claims may be limited to a single disclosed embodiment (i.e., a single species, and thus be…
Read MoreHow do generic or genus claims differ from specific species claims?
Generic or genus claims differ from specific species claims in their scope and coverage of embodiments. The MPEP 806.04(e) explains: “Alternatively, a claim may encompass two or more of the disclosed embodiments (and thus be designated a generic or genus claim).” In essence: Specific species claim: Covers only one particular embodiment of the invention. Generic…
Read MoreHow does the cancellation of claims to nonelected invention affect patent rights?
The cancellation of claims to nonelected invention can significantly affect patent rights by limiting the scope of protection granted by the patent. When claims are cancelled, they are no longer part of the patent application and, if the patent is granted, will not be included in the final patent. While MPEP 1302.04(c) doesn’t directly address…
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