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Patent Reissue Strategies and Pitfalls

By Kirk A. Gottlieb and Robert R. Sachs
October 07, 2003

A properly drafted set of patent claims captures any foreseeable competitor activity without being so broad as to read on the prior art. In the real world, such perfect claims are difficult to craft. Often times, patent claims are drafted too narrowly and competitive products avoid infringement. Likewise, later discovered prior art may render broad claims invalid. But all is not lost, as the United States Patent Code provides patentees with procedures for correcting imperfect claims.


The preferred mechanism to correct or improve claim coverage is through the use of continuation applications. A common strategy is to file a continuation application on an allowed application prior to its issue date to keep the case open before the Patent Office. By doing so, a patentee can continue to expand and improve upon the claim coverage, while maintaining the earliest possible priority date.

The Reissue Option

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