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Expert Analysis

The Significance Of Patent Invalidity As A Public Right

Law360, New York (February 12, 2014, 2:31 PM EST) -- ​In 1898, the U.S. Supreme Court asked whether a patent examiner, appointed per congressional authority, could reject claims in a reissue application for reasons relating to inadequate patentable novelty. McCormick Harvesting Mach. Co. v. Aultman, 169 U.S. 606. Given, as explained by the Supreme Court, that "[t]he object of a patentee applying for a reissue is not to reopen the question of the validity of the original patent, but to rectify any error which may have been found to have arisen from his inadvertence or mistake," the reissue statute did not represent an unconstitutional allocation of Article III power. Id. at 610....

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