Ethical Considerations in Reissues and Reexaminations

Lorie Ann Morgan, Mary Ann Capria & Thomas Spahn

Reissue v. ReExam

  • Allows correction of defects that result from inadvertent error --cannot be used to rectify Inequitable Conduct
  • Required oath: patent is wholly or partly inoperative or invalid
  • Must identify at least one error and state that all errors occurred without deceptive intent
  • Claims can be broadened (within 2 yrs of grant) subject to rule against recapture
  • Reissue applications examined ahead of other applications
  • No presumption of claim validity during reissue
  • Old rejections can be reapplied
  • Can be abandoned

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