What happens to the original patent while a reissue application is pending?
While a reissue application is pending, the original patent remains in effect. This is clearly stated in MPEP 1416, which quotes 37 CFR 1.178(a): “Until a reissue application is granted, the original patent shall remain in effect.“ This means that the rights conferred by the original patent continue to be enforceable, and the patent owner…
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…
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