How 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 existing”

This means that:

• Pending actions related to the original patent can continue if the relevant claims in the reissued patent are substantially identical to those in the original patent.
• Existing causes of action are not abated (terminated) by the reissue if the relevant claims remain substantially identical.
• The reissued patent, for substantially identical claims, is considered a continuation of the original patent with effect from the original patent’s date.

This provision ensures continuity in legal proceedings and protects the rights of parties involved in ongoing disputes related to the patent.

To learn more:

• reissued patent
• pending actions
• causes of action
• substantially identical claims