0

A patent application that I filed in June 2010 was published in February 2012. It issued as a patent in October 2013.

I would like to claim an element disclosed in the specification in February 2014.

a. Is there any way of claiming the element now?

b. Can I reopen the prosecution and amend the independent claim with the element?

1

As best as I can understand your question, it seems you may have made an error by claiming either too broadly or too narrowly. You might want to consider pursuing a reissue application. See MPEP Chapter 1400 ==> http://www.uspto.gov/web/offices/pac/mpep/mpep-1400.html.

In the future, ideally, you should file a continuation patent application prior to issuance of a patent. This allows you to continue to mine the specification for additional claims.

  • "in the future"? Is there any reason that he cannot file a continuation patent now? – Soren Jul 24 '14 at 20:38
  • Yes, in order to file a continuation patent application codependency must be maintained. Once the patent issues, there is no codependency and a continuation patent application can no longer be filed. – Phoenix88 Aug 24 '15 at 22:51
  • So that is so much more an argument for filling sooner than later. – Soren Aug 25 '15 at 3:50

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.