On LinkedIn I’m asking folks about continuation practice: Should it be OK to amend claims in a continuation to cover a competitor’s new product?
I don’t think I’ve seen such a lopsided poll outcome in quite a while with 93% so far indicating “Yes” it should be OK, assuming that the new claims create no enablement or written description problem. There is still time to add your vote. (I think you have to login to vote).
Continue reading Amending Claims to Capture Post-Filing Market Activity at Patently-O.