What is a divisional reissue application?

A divisional reissue application is a type of reissue application that is filed to pursue a separate and distinct invention from the original patent or parent reissue application. It may be filed in response to a restriction requirement in the parent reissue application or initiated by the applicant to pursue different groups of claims. As…

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How does the “overlooked aspects” doctrine apply to broadening reissue claims?

The “overlooked aspects” doctrine is an important consideration in broadening reissue claims. According to MPEP 1412.03: “Claims to separate inventions/embodiments/species that were disclosed but never covered by the claims in the original application prosecution are claims to overlooked aspects.” This doctrine allows patent owners to pursue claims in a reissue application that were disclosed in…

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