Revitalizing A Dead Patent Family

Law360, New York (May 16, 2012, 1:46 PM EDT) -- In a precedential panel opinion, In re Staats, 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) and 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. In re Staats, ____F.3d____(Fed. Cir. March 5, 2012), Appeal No. 2010-1443.

The court further held that the broadened claims of the continuing reissue application...
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