Can a reissued patent be used to stop past infringement?
Can a reissued patent be used to stop past infringement?
A reissued patent has limitations when it comes to addressing past infringement. The MPEP 1460 states:
“The effect of the reissue is that the patent is corrected as of the date of the original patent grant. The patentee is not entitled to recover damages for infringement which occurred during the period between the date of the original patent grant and the date of the reissue patent grant.”
This means that while a reissued patent is considered corrected from the original patent’s grant date, it cannot be used to claim damages for infringement that happened between the original patent grant and the reissue grant. However, the patentee may still be able to address ongoing or future infringement based on the reissued patent.
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