Re: Re: Re: Re: Reissued patent vs. original patent

Subject: Re: Re: Re: Re: Re: Reissued patent vs. original patent

Comments:
: : : upon filing a reissue application, an offer to : : : surrender the exisiting patent should be made, : : : or the original patent surrendered at the time : : : of the reissue application. Surrender the original : : : patent, surrender the claims. Best include the : : : claims you want to keep in the reissue application. : : : Be CAREFULL: reissue applications are subject to : : : full examination, and REJECTION. You are : : : essentially yelling the Examiner "here's : : : another chance to find prior art aganist my : : : patent" No presumption of validity exists for : : : reissue applications. : : Hi, : : Thanks for the information. Both you and Mr. Auslander confirmed what I had originally thought. : : The specific example that prompted my question involved a reissued patent that contained some of the claims of the original patent (but no new ones). Tne reissued patent thus was a more restrictive version of the original. : Dear Mr. Goerecki, : The odds are that the patent is more likely to stand up under court scrutiny. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE'S Workshop(sm) : E arly L egal A dvice I s N ot E xpensive(sm)

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