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IP News

By Jeffrey S. Ginsberg and Erik Kane

Broadening Reissue Patent Application Entitled to Benefit of Filing Date of Earlier Application

On March 5, 2012, the U.S. Court of Appeals for the Federal Circuit issued an opinion in In re Staats, Docket No. 2010-1443, reversing the USPTO decision rejecting claims of a broadening reissue application as being untimely filed pursuant to 35 U.S.C. ' 251. While ' 251 imposes a two-year time limit on filing for a broadening reissue patent, the court determined that it will look back to the earliest filed broadening reissue application filing date and not the filing date of the subject application.

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