Tag Archives: Reissue

Dependent Claims Give Rise To Improper Broadening Reissue

In ArcelorMittal France v. AK Steel Corp., the Federal Circuit found that the addition of a dependent claim to a reissue application improperly broadened the scope of the original independent claims beyond the two-year period for a broadening reissue. While the court invoked the law-of-the-case doctrine, the same result could occur with any patent where the claims … Continue reading this entry

Federal Circuit Take a Broad View of Broadening Reissue Deadline

In In re Staats, the Federal Circuit interpreted the time limit set forth in 35 USC § 251 for filing a broadening reissue application, and held that the time limit is satisfied once a broadening reissue application has been timely filed, so that the applicant can present new, broadened claims directed to different subject matter … Continue reading this entry

USPTO Adapts To Tanaka Reissue Standard

In a Notice published August 1, 2011, the USPTO announced a policy change to comply with the recent Federal Circuit decision in In re Tanaka: Effective immediately, the following policy is implemented. Where the only change to a patent made in an application for its reissue is the addition of a claim or claims that … Continue reading this entry

Join Me For The IP Chat Channel Reissue Webinar

On Thursday, June 2, 2011, I will be a speaker for an IPO IP Chat Channel webinar: PATENT REISSUE: THE IMPACT OF RECENT DECISIONS BY THE FEDERAL CIRCUIT As summarized in the IP Chat Channel announcement: Two recent decisions by the Federal Circuit regarding reissue proceedings offer help to patentholders, to different degrees. In re … Continue reading this entry

Federal Circuit Permits Reissue To Add Dependent Claims

In In re Tanaka, the Federal Circuit held that the reissue process can be used to make the sole change of adding dependent claims to a granted patent. The ability to file a reissue application to add dependent claims to hedge against the risk that originally granted claims will be held invalid could salvage a … Continue reading this entry