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IP: How reissue patents may help you sleep at night

Reissue patents keep costs low and can provide a resolution to some nightmare scenarios

Imagine this scenario: You are in-house head IP counsel of an up-and-coming drug company. You have impressed the CEO by securing several issued US patents that provide protection around the company’s lead drug candidate. And then it hits you — none of the claims in the issued patents exactly cover the lead drug candidate. If no patent applications are pending, is all hope lost for securing a patent claim that precisely covers the company’s anticipated product?

Or, imagine this scenario: You are in-house head IP counsel of a software company. In pre-litigation diligence, you discover that the claims in the issued patent are potentially invalid in view of newly discovered prior art. If no patent applications are pending, is all hope lost for securing a patent claim that is valid in view of the new prior art?

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Eric M. Brusca

Eric M. Brusca, Ph.D. is a partner at Marshall, Gerstein and Borun LLP. His practice focuses on biotechnology patent prosecution for a...

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