Many parties obtain U.S. patents every year. Sometimes there are errors or deficiencies in these patents. Many minor errors may be corrected by means of a certificate of correction issued by the U.S.

Reissue applications represent a very small fraction of the total number of applications filed at the USPTO each year. Indeed, at the midpoint of 2025, over 1.2 million utility applications have been ...

On Aug. 10, 2022, the Federal Circuit issued a precedential opinion that provides helpful reminders on the issue of recapture, as well as dos and don'ts for prosecution and reissue applications. See ...

“Although we previously addressed cases centered on prior art rejections, this does not mean that the recapture rule is limited to that context,” said the opinion. The U.S. Court of Appeals for the ...