Intellectual Property Forums (

(Message started by: Bam on Feb 10th, 2006, 9:57am)

Title: fixing 102(g) issues
Post by Bam on Feb 10th, 2006, 9:57am
Any way to narrow claims to avoid possible 102(g) prior activity before litigating?

Doesn't seem possible via reexamination (this can only be instigated in relation to published art).

Seems somewhat ironic that published material can be possibly sidestepped via claim amendment but not private activity.

Title: Re: fixing 102(g) issues
Post by Wiscagent on Feb 10th, 2006, 10:20am
Perhaps as part of the prior activity there were advertising or technical brochures published.  Those documents might qualify as prior art for reexam purposes.

- Richard Tanzer

Title: Re: fixing 102(g) issues
Post by JimIvey on Feb 10th, 2006, 10:26am
I think reissue can be used for any reason, so long as you don't try to broaden the claims after 2 years and the error was without deceptive intent.


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