What is the process for designating claims for printing in the Official Gazette for reissue patents?

The process for designating claims for printing in the Official Gazette for reissue patents involves specific guidelines: At least one claim must be designated for printing If claims have been amended or added, the designated claim must include a change or addition Canceled claims cannot be designated for printing If there are no changes to…

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Can new matter be introduced in a reissue application?

No, new matter cannot be introduced in a reissue application. This is explicitly stated in 35 U.S.C. 251(a): “No new matter shall be introduced into the application for reissue.” This means that the reissue application must be based on the invention disclosed in the original patent. You can’t add new inventive concepts or expand the…

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Can intervening rights apply to a reissue patent?

Can intervening rights apply to a reissue patent? Yes, intervening rights can apply to a reissue patent. The concept of intervening rights is designed to protect parties who may have relied on the claims of the original patent before it was reissued. There are two types of intervening rights: Absolute intervening rights: These allow continued…

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