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Federal regulations · Through 2026-08-25 · Newer source version available

37 CFR 1.178: Original patent; continuing duty of applicant.

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Where this section sits in the code
  1. Title 37—Patents, Trademarks, and Copyrights
  2. CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
  3. SUBCHAPTER A—GENERAL
  4. PART 1—RULES OF PRACTICE IN PATENT CASES
  5. Subpart B—National Processing Provisions

(a) The application for reissue of a patent shall constitute an offer to surrender that patent, and the surrender shall take effect upon reissue of the patent. Until a reissue application is granted, the original patent shall remain in effect.

(b) In any reissue application before the Office, the applicant must call to the attention of the Office any prior or concurrent proceedings in which the patent (for which reissue is requested) is or was involved, such as interferences or trials before the Patent Trial and Appeal Board, reissues, reexaminations, or litigations and the results of such proceedings (see also § 1.173(a)(1)).

Collected 2026-08-27T02:25:45Z. Source file · JSON

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