When does the surrender of the original patent take effect in a reissue process?

The surrender of the original patent takes effect automatically when the reissue patent is granted. As stated in MPEP 1416: “Pursuant to 37 CFR 1.178(a), surrender of the patent for which reissue is requested is automatic upon the grant of the reissue patent.” This means that the original patent remains in effect until the reissue patent is granted, at which point the surrender occurs automatically without any additional action required from the patent owner.

To learn more:

• Patent Reissue
• Surrender Effect
• Original Patent
• Reissue Grant