What are ‘overlooked aspects’ in patent reissue applications?
‘Overlooked aspects’ are an important concept in patent reissue applications, particularly in the context of recapture analysis. According to MPEP 1412.02, overlooked aspects are defined as:
“Claims to separate inventions/embodiments/species that were never presented in the original application.”
Key points about overlooked aspects:
- They are not subject to recapture analysis
- They represent genuinely new inventions or embodiments not claimed in the original patent
- They can be added in a reissue application without triggering recapture concerns
It’s important to distinguish between overlooked aspects and impermissible recapture when prosecuting reissue applications.
To learn more: