What happens if a reexamination request is filed on a patent after it has been reissued?

When a request for reexamination is filed on a patent after it has been reissued, the reexamination will be denied. The MPEP explains:

“Where a request for reexamination is filed on a patent after it has been reissued, reexamination will be denied because the patent on which the request for reexamination is based has been surrendered.”

However, if reexamination of the reissued patent is desired, the following steps should be taken:

1. File a new request for reexamination based on the specification and claims of the reissue patent.
2. Any amendments made by the patent owner in the reexamination proceeding should treat the changes made by the granted reissue patent as the text of the patent.
3. All bracketing and underlining should be made with respect to the patent as changed by the reissue.

It’s important to note that the original patent is considered surrendered upon reissue, so any reexamination must be based on the reissued patent.

To learn more:

• reexamination request
• reissued patent
• patent surrender
• reissue patent
• patent amendment