Re: Reissued patent vs. original patent

Posted by M Arthur Auslander on December 13, 2001 at 03:55:03:

In Reply to: Reissued patent vs. original patent posted by George Gorecki on December 13, 2001 at 02:39:18:

: Hi,

: My question is about what happens to the original patent if an error is found and the patent is subsequently reissued. If I understand correctly, the original patent is surrendered and the reissued patent remains in force for the remainder of the term of the original patent.

: With the reissue of the patent, is the original patent still valid, or does the reissued patent supercede the original? Can someone be guilty of infringing the claims of the original patent once the reissued patent is allowed?

:
: Thanks for your help.

:
: Regards

: George Gorecki

Dear Mr. Gorecki,

Without taking professional responsibility for this thought, my quick answer is that only the claims of the reissue patent are in effect.

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE'S Workshop(sm)
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Follow Ups:

• Re: Re: Reissued patent vs. original patent Robert Denningham 06:11:19 7/30/02 (1)
  • Re: Re: Re: Reissued patent vs. original patent M Arthur Auslander 00:10:43 7/31/02 (0)
• Re: Re: Reissued patent vs. original patent have fun 08:09:46 12/13/01 (2)
  • Re: Re: Re: Reissued patent vs. original patent George Gorecki 00:57:48 12/17/01 (1)
    • Re: Re: Re: Re: Reissued patent vs. original patent M Arthur Auslander 03:53:59 12/17/01 (0)

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