How does the USPTO determine if reissue claims are for the same general invention?
The USPTO determines if reissue claims are for the same general invention by examining whether the claims are supported by the original patent disclosure. According to MPEP 1412.01: The original patent specification, drawings, and claim set must adequately support and describe the claims of the reissue application. The examiner will review the reissue claims in…
Read MoreWhat is the “same general invention” requirement for reissue claims?
The “same general invention” requirement for reissue claims refers to the principle that the reissue claims must be for the same invention as that disclosed in the original patent. According to MPEP 1412.01: The reissue claims must be for the same invention as that disclosed as being the invention in the original patent, as required…
Read MoreCan reissue claims be broader than the original patent claims?
Yes, reissue claims can be broader than the original patent claims, but with certain limitations. MPEP 1412.01 states: The reissue claims may be broader than the original claims if the reissue application is filed within two years from the grant of the original patent. However, it’s important to note that: The broadened claims must still…
Read MoreWhat happens if a reissue claim is directed to a different invention?
If a reissue claim is directed to a different invention than the one disclosed in the original patent, it will be rejected. MPEP 1412.01 states: Claims in the reissue application that are drawn to an invention comprising a newly claimed combination of features that was not covered by any of the claims in the original…
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