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 MoreWhat is the legal effect of a reissued patent on patent term extension?
The legal effect of a reissued patent on patent term extension is governed by 35 U.S.C. 252, which states: “The surrender of the original patent shall take effect upon the issue of the reissued patent, and every reissued patent shall have the same effect and operation in law, on the trial of actions for causes…
Read MoreHow does a reissued patent affect pending actions or existing causes of action?
The effect of a reissued patent on pending actions or existing causes of action is addressed in 35 U.S.C. 252. According to this statute: “in so far as the claims of the original and reissued patents are substantially identical, such surrender shall not affect any action then pending nor abate any cause of action then…
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