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IP Alert: Federal Circuit Confirms Broadening Reissue Continuation May Be Filed After Two Years

March 5, 2012

Today, in In re Staats, the Court of Appeals for the Federal Circuit confirmed that a broadening reissue patent application may be filed outside of the two-year period specified in 35 U.S.C. 251 as a continuation of an earlier-filed broadening reissue application. In addition, Staats held that such a continuation may be filed outside the two-year period even when the claims of the continuation are not related to the original reissue claims.

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