Chinta & Fratangelo LLP

New Dependent Claim is Proper Basis for Reissue Patent

The reissue procedure is prescribed by 35 U.S.C. § 251, which permits a patentee to seek a review of a granted patent on the grounds that the patent is inadvertently defective due to an error in conduct which was made in the preparation and/or prosecution. The patent must be “wholly or partly inoperative or invalid by …