What happens if a reexamination request is filed on a patent after it has been reissued?
When a request for reexamination is filed on a patent after it has been reissued, the reexamination will be denied. The MPEP explains: “Where a request for reexamination is filed on a patent after it has been reissued, reexamination will be denied because the patent on which the request for reexamination is based has been…
Read MoreHow does a reissue patent affect the enforceability of the original patent?
How does a reissue patent affect the enforceability of the original patent? A reissue patent affects the enforceability of the original patent in the following ways: The original patent becomes unenforceable once the reissue patent is granted. The reissue patent is enforceable from its issue date. Claims from the original patent that are not included…
Read MoreWhat happens to pending litigation when a patent is reissued?
What happens to pending litigation when a patent is reissued? When a patent is reissued while litigation is pending, the following typically occurs: The original patent is surrendered and can no longer be enforced. Pending litigation based on the original patent must be dismissed or amended. New litigation may be filed based on the reissue…
Read MoreWhat 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 MoreHow has the patent surrender process changed over time?
The patent surrender process has undergone significant changes over time, particularly regarding the physical surrender of the original patent. MPEP 1416 outlines this change: “Prior to October 21, 2004, a reissue applicant was required to physically surrender the letters patent (i.e., the “ribbon copy” of the patent for which reissue was requested) before the reissue…
Read More