Panitch Schwarze partner Erin M. Dunston recently authored an article published in the New Jersey Law Journal discussing the recapture rule and its implications for the patent application process.

The article examines a recent Federal Circuit decision which clarified the limits of reissue applications. The recapture rule prevents applicants from filing reissue applications to obtain claims that are “of the same or of broader scope” than the subject matter that was surrendered as part of the original application.

Read the full article here: “‘In re McDonald’: Helpful Reminders on Recapture, Reissue Declarations, and Coordinated Prosecution” (Subscription may be required)