Can I request the return of my original patent letters after submitting them for reissue?
Yes, you can request the return of your original patent letters after submitting them for reissue, but there are certain conditions and timeframes to consider. According to MPEP 1416:
“Where the patentee has submitted the original letters patent in a reissue application the Office may, in response to a timely request, return the original letters patent, when it can be readily retrieved from where it is stored, namely, the paper application file, or the artifact storage area for an Image File Wrapper (IFW) file.“
However, it’s important to note that if you request the return after the issue fee has been paid, you’ll need to file a petition under 37 CFR 1.59(b) to expunge and return the original letters patent. Additionally, if the original letters patent cannot be readily retrieved or has been misplaced, the Office will not be able to return it or create a new one.
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