How 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 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.
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