What is the strength of the patent, if during re-examination all the independent claims get cancelled and only dependent claims are confirmed?


In the patent US7292151B2, many claims including independent claims have been cancelled during reexamination. However, patentability of corresponding dependent claims is still confirmed. In this case, how does the novelty of the invention stand? Do the dependent claims alone hold the same strength as the previous of version?


Posted 2019-01-11T10:54:06.883

Reputation: 11

If you could provide a link to the patent it would save time for potential answerers. – Eric S – 2019-01-11T21:17:32.903



A claim that survived reexamination is stronger afterwards than it was before. By definition, a claim that was originally dependent is narrower than the original independent claim. After reexamination the former dependent claim would be re-written in independent form. In general, the patent would cover a narrower territory, but be somewhat strengthened in that narrowed scope.

George White

Posted 2019-01-11T10:54:06.883

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