Fed. Circ. Ruling Offers New Tool To Broaden Patent Claims

Law360, New York (March 8, 2012, 10:12 PM EST) -- A recent Federal Circuit ruling could give patentees wide leeway to broaden claims in reissue applications, increasing uncertainty for others about what the patent covers years after it's first issued, but attorneys say use of the strategy will likely be limited.

The appeals court's Monday decision in In re: Staats deals with the two-year statutory limit on when patentees can file reissue applications that broaden the scope of the claims.

The court held that as long as one reissue application is filed within two years of the patent being granted, any number of subsequent broadening applications can then be filed during...

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