What is the effect of reissue on a patent?
The effect of reissue on a patent is outlined in 35 U.S.C. 252. Essentially, when a patent is reissued:
- The original patent is surrendered upon the issuance of the reissued patent.
- The reissued patent has the same legal effect as if it had been originally granted in its amended form.
- For claims that are substantially identical to the original patent, the reissued patent is considered a continuation of the original patent, with effect from the original patent’s date.
As stated in the MPEP: “The effect of the reissue of a patent is stated in 35 U.S.C. 252. With respect to the Office treatment of the reissued patent, the reissued patent will be viewed as if the original patent had been originally granted in the amended form provided by the reissue.”
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