Comments on: Q) Tribell 10.03.16a

By: KF

KF — Wed, 02 Nov 2011 18:54:15 +0000

Ignore my comment above…it’s amazing how much I’ve learned in the last two weeks! You can request a reissue at anytime after the patent issues, but you can only request a reissue to broaden claims within teh 2 year mark. But you have to specifically state that you intend to broaden in your reissue before the 2 year mark.

By: maggie

maggie — Mon, 31 Oct 2011 23:16:44 +0000

There is a kinda a similar Q on Exam Oct 2000AM Q #13:

By: Maggie

Maggie — Mon, 31 Oct 2011 17:09:34 +0000

ABCD-> ABC is Broader (b/c the omitted item D makes the claim broader)
AB –>ABC (could be broader or narrower depending on how C is written).

BUT, when one aspect of an application is broader, then the whole application is considered “Broader” by the PTO even if there are additional narrowing changes as well.

Answer would be (A) Give up you are barred from broadening application (b/ca over two years)

By: Maggie

Maggie — Mon, 31 Oct 2011 17:06:23 +0000

ABC-> ABCD is Broader than ABCD (b/c omitted item make claim broader)
AB –>ABC (could be broader or narrower depending on how C is written).

BUT, when one aspect of an application is broader then the whole application is considered “Broader” by the PTO even if there are additional narrowing changes as well.

Answer would be (A) Give up you are barred from broadening application

By: Kforsythe

Kforsythe — Wed, 19 Oct 2011 00:54:10 +0000

I am still a little confused about when you can continue with a reissue after the 2 year mark. Am I correct that if you start the reissue withint 2 years, you can then add additional broadening materials after the 2 years because you have started the process within the 2 year reissue timeframe?

By: Kforsythe

Kforsythe — Wed, 19 Oct 2011 00:52:56 +0000

I too would go with Patrick that the 2 year limit controls here on permitting reisssue. Anyone? Anyone? Bueller?

By: Robbie

Robbie — Thu, 08 Sep 2011 18:01:42 +0000

To ryan’s comment on Overworkked’s variant question, if the applicant is wanting to submit claim ABC and he already has claim AB and ABCD, I understand that ABC would be narrower than AB, but it would be broader than ABCD, so if the applicant’s patent issued 3 years ago, wouldn’t that be a broadening reissue (from ABCD to ABC)? In which case he would still be out of luck because it’s past the 2 year mark…I’m with Patrick on this one.

Thoughts?

By: Andrew

Andrew — Sun, 07 Aug 2011 23:33:47 +0000

Tricky, tricky.

By: ryan

ryan — Wed, 01 Jun 2011 17:05:51 +0000

Like Overworkked stated, the key to this is understanding that broadening is in the context of every claim in the issued patent. Claim ABC will be narrower than Claim AB. This is permissible so long as you do not disclaim Claim AB prior to amending to add Claim ABC.

By: Patrick

Patrick — Wed, 01 Jun 2011 14:46:22 +0000

How can (B) be correct if the patent issued more than three years ago and you can’t file for a broadening reissue beyond two years from the date the patent issues? If the patent issued three years ago, this person appears to be out of luck (i.e., answer (A) give up)