What is the relationship between fraud in the original patent and a reissue application?

The MPEP clearly establishes a direct relationship between fraud in the original patent and any subsequent reissue application. It states: Clearly, “fraud” practiced or attempted in an application which issues as a patent is “fraud” practiced or attempted in connection with any subsequent application to reissue that patent. The reissue application and the patent are…

Read More

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…

Read More

What happens if a reissue application is abandoned?

When a reissue application is abandoned, the general rule is that the original patent remains in force. This is because the surrender of the original patent does not occur until a reissue patent is actually granted. The MPEP cites a Supreme Court case to support this: “Generally, if a reissue application is abandoned, the original…

Read More