Patent Reissues Can't Undo Terminal Disclaimers: Fed. Circ.

Law360, New York (December 6, 2012, 7:17 PM EST) -- The Federal Circuit on Thursday rejected a patentee's bid to extend the term of a semiconductor patent, concluding that patentees cannot use reissue patent applications to withdraw a terminal disclaimer on an issued patent.

The reissue proceeding is used to correct defective patents, but the Federal Circuit concluded that patentee Shunpei Yamazaki's claim that he mistakenly let his patent issue with a terminal disclaimer that truncated the patent's term is not the type of error that the statute can be used to correct.

In affirming the...
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