What happens to the original patent when a reissue patent is granted?
When a reissue patent is granted, the original patent is surrendered. This is mandated by 35 U.S.C. 252, which states: “The surrender of the original patent shall take effect upon the issue of the reissued patent.” After the reissue is granted, the original patent ceases to exist, and the patentee’s rights are solely based on…
Read MoreWhat is the effect of reissue on a patent?
The effect of reissue on a patent is outlined in 35 U.S.C. 252. Essentially, when a patent is reissued: The original patent is surrendered upon the issuance of the reissued patent. The reissued patent has the same legal effect as if it had been originally granted in its amended form. For claims that are substantially…
Read More