37 C.F.R. § 1.178 Original patent; continuing duty of applicant.
Title 37 - Patents, Trademarks, and Copyrights
(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, reissues, reexaminations, or litigations and the results of such proceedings (see also §1.173(a)(1)). [65 FR 54676, Sept. 8, 2000, as amended at 69 FR 56544, Sept. 21, 2004]
Title 37: Patents, Trademarks, and Copyrights
PART 1—RULES OF PRACTICE IN PATENT CASES
Subpart B—National Processing Provisions
Reissues
§ 1.178 Original patent; continuing duty of applicant.
