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LSDefine

Simple English definitions for legal terms

recapture rule

Read a random definition: thereon

A quick definition of recapture rule:

Recapture Rule: In patents, the recapture rule means that a person who has a patent cannot get back a claim that they gave up before to get the patent approved. This rule is used as a defense in a lawsuit for infringement, and it allows the person being sued to challenge the validity of the new patent. If someone tries to get back a claim they gave up before, it is considered deceptive and not allowed.

A more thorough explanation:

The recapture rule is a doctrine in patent law that states a patent holder cannot regain a claim that they previously abandoned in order to get their patent approved. This means that if a patent holder gave up a claim to get their patent approved, they cannot later try to regain that claim through a reissue patent.

For example, if a patent holder originally filed a patent application with ten claims, but during the approval process, they abandoned one of those claims to get the patent approved, they cannot later try to regain that abandoned claim through a reissue patent.

The recapture rule is in place to prevent patent holders from strategically abandoning claims during the approval process and then trying to regain them later through a reissue patent. This would be unfair to competitors who may have relied on the abandoned claim when developing their own products.

recapture clause | recede

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General

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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