MPEP Q&A 179: What is the 3-Step Test for Recapture? - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2019-08-20T14:02:58
Question: What is the 3-step test for recapture? Answer: The three-step test for recapture is: First, we determine whether, and in what respect, the reissue claims are broader in scope than the original patent claims; Next, we determine whether the broader aspects of the reissue claims relate to subject matter surrendered in the original prosecution; and Finally, we determine whether the reissue claims were materially narrowed in other respects, so that the claims may not have been enlarged, and hence avoid the recapture rule. Chapter Details: The answer to this question can be found in chapter 1400 of the MPEP.…
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