Fed. Circ. Allows Some Patent Broadening In Reissue Bids

Law360, New York (May 9, 2012, 6:20 PM EDT) -- The Federal Circuit ruled Tuesday that the U.S. Patent and Trademark Office was wrong to hold that reissue patent applications cannot broaden the claimed subject matter in any way, finding that such applications can broaden claims to a limited extent.

The case over a patent for an electronic TV schedule deals with the so-called recapture rule, which bars reissue applications that broaden claims in order to recapture subject matter surrendered during the original prosecution to avoid prior art.

In a split decision, the Federal Circuit held...
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