35 U.S.C. § 252 — Effect of reissue

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 349 words · no verdicts yet

in plain englishAI-generated · not legal advice

A reissued patent replaces the original once it's granted, with the same legal force from that point on. For claims identical in both versions, the reissue counts as a continuation dating back to the original grant. People who already used the invention before the reissue can usually keep using it, under court-set terms.

When a reissued patent is granted, the original patent is officially surrendered at that moment. From then on, the reissued patent has the same legal effect and operation as if it had originally been granted in this amended form, for any lawsuit over things that happen afterward. But where the reissued patent's claims are substantially identical to the original patent's claims, surrendering the original doesn't affect any lawsuit already pending, and doesn't wipe out any cause of action that already existed. For those identical claims, the reissued patent counts as a continuation of the original, with legal effect running continuously from the original patent's grant date. A reissued patent doesn't take away rights from a person (or their business successors) who, before the reissue was granted, already made, purchased, offered to sell, used, or imported into the United States something covered by the reissued patent. That person may keep making, using, offering to sell, or selling to others the specific thing they already made, purchased, offered for sale, used, or imported — unless doing so infringes a valid reissue claim that was also in the original patent. The court hearing such a dispute may allow the continued manufacture, use, offer for sale, or sale of that specific thing, or of production for which substantial preparations were made before the reissue was granted. The court may also allow continued practice of a patented process the person was already using, or preparing to use, before the reissue was granted. The court sets whatever terms it finds fair to protect investments made, or business started, before the reissue was granted.

the actual law source: uscode.house.gov ↗public domain

The surrender of the original patent shall take effect upon the issue of the reissued patent, and every reissued patent shall have the same effect and operation in law, on the trial of actions for causes thereafter arising, as if the same had been originally granted in such amended form, but in so far as the claims of the original and reissued patents are substantially identical, such surrender shall not affect any action then pending nor abate any cause of action then existing, and the reissued patent, to the extent that its claims are substantially identical with the original patent, shall constitute a continuation thereof and have effect continuously from the date of the original patent.

A reissued patent shall not abridge or affect the right of any person or that person’s successors in business who, prior to the grant of a reissue, made, purchased, offered to sell, or used within the United States, or imported into the United States, anything patented by the reissued patent, to continue the use of, to offer to sell, or to sell to others to be used, offered for sale, or sold, the specific thing so made, purchased, offered for sale, used, or imported unless the making, using, offering for sale, or selling of such thing infringes a valid claim of the reissued patent which was in the original patent. The court before which such matter is in question may provide for the continued manufacture, use, offer for sale, or sale of the thing made, purchased, offered for sale, used, or imported as specified, or for the manufacture, use, offer for sale, or sale in the United States of which substantial preparation was made before the grant of the reissue, and the court may also provide for the continued practice of any process patented by the reissue that is practiced, or for the practice of which substantial preparation was made, before the grant of the reissue, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced before the grant of the reissue.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 808; Pub. L. 103–465, title V, § 533(b)(2), Dec. 8, 1994, 108 Stat. 4989; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4507(8)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 808
1994Amended · Pub. L. 103-465 · 108 Stat. 4989
1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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