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I innovated and filed for a utility patent on an invention that had been patented. Now the owner of the original patent has filed for a reissue of his patent. The new claims are broader and basically make my design around obsolete. I have already filed for a new utility patent for my design around.

What options do I have? I know about equitable rights and intervening rights do I have anything else?

  • Could you provide more details? Specifically, what do you mean by ' filed for a utility patent on an invention that had been patented'? – SRDC Nov 8 '15 at 5:08
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In order to be allowed, the broader claims must be supported by the disclosure of the original application, and be novel and non-obvious in light of art prior to the original application's priority date. If that is not the case, and the inventor is relying on a new specification to support the new claims, it is possible that those new claims read on the material in your patent application (and therefore would not be allowed).

Without specific details, that's as much of an answer as anyone can offer you.

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