Chapter 21 Outline

• Jurisdiction: United States

Chapter 21

Correcting Patents in the USPTO (Reissue and Reexamination)

§21.01 Introduction

§21.02 Certificates of Correction

[A] USPTO at Fault

[B] Applicant at Fault

[C] No Change in Claim Scope Permitted

[D] Effect of Certificate

§21.03 Reissue

[A] Overview

[B] Historical Development

[C] Statutory Basis: 35 U.S.C. §251

[1] "Inoperative or Invalid"

[2] Timing

[3] New Matter Prohibition

[4] "Invention Disclosed in the Original Patent"

[D] Broadening Reissues

[1] Two-Year Time Bar

[2] What Constitutes Broadening

[3] Claim-by-Claim Analysis Required

[E] Reissue Error

[F] The Recapture Rule

[G] Effect of

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