NEW YORK, June 1, 2012 -- In a recent Law360 article, Baker Botts L.L.P. lawyer Justine Gozzi reviewed a precedential panel opinion, In re Staats, where the United States Court of Appeals for the Federal Circuit reversed a decision of the U.S. Patent and Trademark Office’s (PTO) Board of Patent Appeals and Interferences (BPAI).
The court held that a continuing reissue application can be filed to add broadening claims after the two-year limit imposed by 35 USC § 251 has lapsed. The court further held that the broadened claims of the continuing reissue application need not be related to the broadened claims of the parent reissue application filed within the two-year limit.
This decision reinforces the Federal Circuit’s predecessor court’s past decision in In re Doll --possibly to the chagrin of the PTO -- and invites the PTO to seek en banc review to pursue change in the law.
The complete article is available here.
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