Today, Mon., Mar. 5, 2012, in In re Staats, No. 2010-1443, the Federal Circuit (Dyk, O’Malley (concur) and Reyna) reversed the Patent Office and ruled that a continuing reissue application filed after the 2-year period for seeking broadened reissue was proper because it related to a prior broadening reissue application filed within the 2-year period.  This was the case even though the continuing reissue application sought for the first time to cover a second embodiment in the patent and the prior broadening reissue application was directed only to a first embodiment.
Continue Reading Patent Alert: Federal Circuit permits continuing reissue application if related broadening reissue application filed within 2-year period of original patent grant (In re Staats)