What happens to the original patent while a reissue application is pending?
While a reissue application is pending, the original patent remains in effect. This is clearly stated in MPEP 1416, which quotes 37 CFR 1.178(a): “Until a reissue application is granted, the original patent shall remain in effect.“
This means that the rights conferred by the original patent continue to be enforceable, and the patent owner can still exercise those rights until the reissue patent is granted. It’s important to note that the surrender of the original patent only takes effect upon the grant of the reissue patent, not during the pendency of the reissue application.
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