CAFC Reverses USPTO Anti-Patentee Reissue Policy: In re Tanaka

Charles Gorenstein for PLI Patent Law Practice Center

In a decision dated April 15, 2011, the United States Court of Appeals for the Federal Circuit reversed a decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences by which the USPTO attempted to limit the rights of patentees to file for reissue of patents. In re Tanaka, Appeal No. 2010-1262, April 15, 2011. Had it been permitted to stand, the underlying Board decision would have, additionally, cast a cloud over the validity and value of many already-issued patents.

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