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LSDefine

Simple English definitions for legal terms

recapture rule

Read a random definition: backberend

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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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