Is it necessary to physically surrender the original patent when filing a reissue application?
No, it is no longer required to physically surrender the original patent when filing a reissue application. According to MPEP 1410:
“It is no longer required that the reissue applicant physically surrender the original patent, see MPEP § 1416.“
This change simplifies the reissue application process, as applicants are not required to locate and submit the original patent document. However, it’s important to note that other requirements, such as submitting a copy of the printed patent and complying with reissue-specific rules, still apply.
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