When does the surrender of the original patent take effect in a reissue process?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 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. The surrender of the original patent takes effect automatically when the reissue patent is granted. As stated in MPEP 1416 : “ Pursuant to 37 CFR 1.178(a), surrender of the patent for which reissue is requested is automatic upon the grant of the reissue patent. ” This means that the original patent remains in effect until the reissue patent is granted, at which point the surrender occurs automatically without any additional action required from the patent owner. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Automatic Surrender of Original Patent Upon Reissue Grant MPEP 1416 Required Original Patent Remains Effective Until Reissued MPEP 1416 Required No Physical Surrender of Original Patent for Reissue MPEP 1416 Required Effect of Reissue Patent on Recapture Doctrine MPEP 1416 Original Patent Remains In Force After Reissue Abandonment MPEP 1460 Reissue Application Constitutes Patent Surrender MPEP 1416 Required Surrender of Original Patent Upon Reissue MPEP 1460 Required Original Patent Ceases After Reissue Grant MPEP 1460 Permitted Surrender of Original Patent After First Reissue MPEP 1460 Return of Original Letters Patent Upon Request MPEP 1416 Permitted Other Related FAQs 4 FAQs Collapse How has the patent surrender process changed over time? What happens to the original patent while a reissue application is pending? Is physical surrender of the original patent required for reissue? Can I request the return of my original patent letters after submitting them for reissue?