How does a reissue patent affect the enforceability of the original patent?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 in the reissue cannot be enforced after the reissue date. As stated in MPEP 1460 : “The original patent is surrendered by operation of law upon the issue of the reissue patent.” This means that any legal action based on the original patent must be concluded or transferred to the reissue patent after its issuance. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Surrender of Original Patent After First Reissue MPEP 1460 Surrender of Original Patent Upon Reissue MPEP 1460 Required Original Patent Ceases After Reissue Grant MPEP 1460 Permitted Original Patent Remains In Force After Reissue Abandonment MPEP 1460 Divisional Reissue Application Precedes Original Patent Claims MPEP 1460 Surrender of Original Patent Upon Issuance of Reissue MPEP 1460 Original Patent Surrendered After First Reissue Grant MPEP 1460 Continuation Reissue Application Delays Original Patent Surrender MPEP 1460 Reissued Patent Continues Original Claims MPEP 1460 Prohibited Copending Reissue Application Not Barred by First Grant MPEP 1460 Other Related FAQs 5 FAQs Collapse What is the effect of reissue on a patent? How does the &#8220;intervening rights&#8221; doctrine affect patent reissue recapture? What are intervening rights in patent reissue? Can intervening rights apply to a reissue patent? What happens to the original patent when a reissue patent is granted?