How is the date of abandonment determined for a reissue application?

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.

For a reissue application, the date of abandonment is determined differently than for utility or plant applications. According to MPEP 711.04(a):

‘For a reissue application, the date of abandonment is the date the original patent expired, if the reissue application was filed on or after the patent’s expiration date.’

This means that if a reissue application is filed after the original patent has expired, it is considered abandoned as of the expiration date of the original patent. It’s important to note that this rule applies specifically to reissue applications and differs from the abandonment rules for other types of patent applications.