Michael Best Partner Marshall Schmitt was quoted in Law360's article "3 Rules To Follow When Seeking A Reissue Patent."
Reissue patents can be a valuable tool for companies looking to correct a mistake in a patent, including to adjust the amount of protection that it provides. But a recent Federal Circuit ruling is a reminder of the strict limits of the process.
Reissue allows a patent owner to fix errors in their issued patent by going back to the U.S. Patent and Trademark Office and explaining the mistake. Once the process is over, the original patent is surrendered and the reissued patent takes effect.
Reissues received a shoutout from the USPTO earlier this year, which highlighted the process as one of the available patent amendment options beyond asking the Patent Trial and Appeal Board to alter claims in inter partes review and other America Invents Act proceedings.
“The reissue is a limited remedy, kind of looking back and saying 'something was wrong with what was done originally and so we need to fix it,'” Marshall Schmitt of Michael Best & Friedrich LLP said. “In order to fix it, there are very strict limitations.”
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