Is physical surrender of the original patent required for reissue?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, physical surrender of the original patent is not required for reissue. According to 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; physical surrender is not required. ” This means that the surrender takes effect automatically when the reissue patent is granted, without the need for the patent owner to physically hand over the original patent document. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Physical Surrender of Original Patent for Reissue MPEP 1416 Required Automatic Surrender of Original Patent Upon Reissue Grant MPEP 1416 Required Effect of Reissue Patent on Recapture Doctrine MPEP 1416 Original Patent Remains Effective Until Reissued MPEP 1416 Required No Longer Requires Physical Surrender of Original Patent MPEP 1410 Required Reissue Application Constitutes Patent Surrender MPEP 1416 Required Surrender of Original Patent After First Reissue MPEP 1460 Surrender of Original Patent Upon Reissue MPEP 1460 Required Return of Original Letters Patent Upon Request MPEP 1416 Permitted Petition Required After Issue Fee for Return of Letters Patent MPEP 1416 Other Related FAQs 4 FAQs Collapse How has the patent surrender process changed over time? What happens to the original patent while a reissue application is pending? When does the surrender of the original patent take effect in a reissue process? Can I request the return of my original patent letters after submitting them for reissue?