Can a reissue application be used to add unclaimed subject matter from the original patent specification?
Can a reissue application be used to add unclaimed subject matter from the original patent specification?
Yes, a reissue application can be used to add unclaimed subject matter from the original patent specification, but with certain limitations:
- The added subject matter must be disclosed in the original patent specification.
- It cannot introduce new matter beyond what was originally disclosed.
- The claims must be supported by the original disclosure.
According to MPEP 1401: “An attorney’s failure to appreciate the full scope of the invention was held to be an error correctable through reissue in In re Wilder, 736 F.2d 1516, 222 USPQ 369 (Fed. Cir. 1984).” This allows patentees to claim subject matter that was inadvertently omitted from the original claims, provided it was disclosed in the original specification.
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