What happens to the original patent when a reissue patent is granted?

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.

When a reissue patent is granted, the original patent is surrendered. This is mandated by 35 U.S.C. 252, which states:

“The surrender of the original patent shall take effect upon the issue of the reissued patent.”

After the reissue is granted, the original patent ceases to exist, and the patentee’s rights are solely based on the reissued patent. As the MPEP explains:

“After that point in time, the original patent ceases to exist, and no subsequent applications for its reissue can be made.”

However, there are exceptions in cases of multiple reissue applications or continuation reissue applications. In such cases, the surrender of the original patent may be delayed until all related reissue applications are resolved.