What happens to pending litigation when a patent is reissued?
What happens to pending litigation when a patent is reissued?
When a patent is reissued while litigation is pending, the following typically occurs:
- The original patent is surrendered and can no longer be enforced.
- Pending litigation based on the original patent must be dismissed or amended.
- New litigation may be filed based on the reissue patent.
The MPEP 1460 states: “The surrender of the original patent becomes effective upon reissue of the patent.” This means that any ongoing legal actions must be adjusted to reflect the new reissue patent. Plaintiffs may need to refile their complaints based on the reissue patent, and defendants may need to reassess their defense strategies in light of the new or amended claims.
To learn more: