same invention
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 315 U.S. 668 - U. S. Industrial Chemicals, Inc. v. Carbide & Carbon Chemicals Corp. · 1942Most cited · 308 citing opinions
reissue patent
A reissue patent is for the same invention as the original if the reissue fully describes and claims the very invention intended to be secured by the original patent; if it describes and claims only those things which were embraced in the invention intended to have been secured by the original patent; if the broader claims in the reissue are not merely suggested or indicated in the original specification but constitute parts or portions of the invention which were intended or sought to be covered or secured by the original patent. It is not enough that an invention might have been claimed in the original patent because it was suggested or indicated in the specification. It must appear from the face of the instrument that what is covered by the reissue was intended to have been covered and secured by the original.
How often courts cite the case defining “same invention”
Court decisions citing the opinion that defined “same invention” — 308 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.