Do claims in a reissue application have a presumption of validity?
No, claims in a reissue application do not have a presumption of validity. The MPEP 1445 explicitly states: “Claims in a reissue application enjoy no ‘presumption of validity.’” This principle is supported by case law, including: In re Doyle, 482 F.2d 1385, 1392, 179 USPQ 227, 232-233 (CCPA 1973) In re Sneed, 710 F.2d 1544,…
Read MoreWhat is the presumption of validity for patents?
Every issued patent is presumed to be valid under U.S. patent law. This presumption is explicitly stated in MPEP 1701: “Every patent is presumed to be valid. See 35 U.S.C. 282, first sentence.” This presumption of validity is a fundamental principle in patent law. It means that in any legal proceeding challenging a patent’s validity,…
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