How 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 application would be granted.“
However, this requirement has been eliminated. Now, as per 37 CFR 1.178(a), the surrender of the patent is automatic upon the grant of the reissue patent, and physical surrender is no longer required. This change has simplified the reissue process and reduced the administrative burden on both patent applicants and the USPTO.
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