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35 U.S.C. 251(a)

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Reissue and the Original Patent Doctrine

As mentioned in last month’s IP Practice Tips, reissue applications are subject to additional legal doctrines founded in requirements of 35 U.S.C. § 251. One doctrine that has been operative since the first reissue statute...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 2019: Federal Circuit Finds Another Reissue Application Fails to Meet the "Original Patent"...

In Forum v Flow Valve, decided June 17, 2019, the Federal Circuit held Flow Valve’s reissue claims were invalid for failing to comply with 35 U.S.C. 251(a): “for broadening reissue claims, the specification of the original...more

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