Is it necessary to physically surrender the original patent when filing a reissue application?

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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. No, it is no longer required to physically surrender the original patent when filing a reissue application. According to MPEP 1410 : “ It is no longer required that the reissue applicant physically surrender the original patent, see MPEP § 1416. “ This change simplifies the reissue application process, as applicants are not required to locate and submit the original patent document. However, it’s important to note that other requirements, such as submitting a copy of the printed patent and complying with reissue-specific rules, still apply. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse No Longer Requires Physical Surrender of Original Patent MPEP 1410 Required Contents of a Reissue Application Must Include Entire Specification and Drawings MPEP 1410 Amendments Must Be Submitted With Reissue Application MPEP 1410 Permitted Amendments Must Follow Specific Rules During Reissue Filing MPEP 1410 Required Claims Required for Reissue Application MPEP 1410 Permitted Specification Must Be Printed Patent Copy MPEP 1410 Reissue Application Must Include PTO/AIA/50 MPEP 1410 Recommended Parts of Reissue Application Must Comply with Original Patent Rules MPEP 1410 Required Amendment of Reissue Application Must Follow Specific Paragraph MPEP 1410 Required Reissue Applicant May File Information Disclosure Statement MPEP 1410 Permitted Other Related FAQs 5 FAQs Collapse What happens if an assignee of a part interest refuses to join in an application for reissue? Can an assignee of a part interest alone file a reissue application? How can inventors be added or deleted in a reissue application? What additional documents must be included with a reissue application? When can an as...