In a recent development concerning patent law, the U.S. Court of Appeals for the Federal Circuit turned down Float’N’Grill’s reissue application for a floating grill patent. Legal experts at BCLP highlighted that it underscores the importance of adopting certain best practices to keep reissuance options open.
These proposed practices, detailed by attorneys LiJen Shen, Cory Smith and George Chen, expand on the necessity for a transparent description of alternative structures in applications, along with conducting exhaustive patentability searches. The adoption of these measures could potentially facilitate the broadening of a future patent’s scope in a reissue action. However, it remains essential to remain compliant with the original patent requirement under Title 35 of the U.S. Code, Section 251.
The case was reviewed by the Patent Trial and Appeal Board, highlighting an ever-evolving landscape in the patent law domain. For more details on the case findings and its implications, you can consult the original analysis on this matter on Law360.
This case study serves as a reminder and a guide for legal professionals in large corporations and law firms to navigate the complexities of patent reissues effectively. Implementing these practices could prove instrumental in securing an open avenue for future patent reissuance.