35-U.S.C.-252
§252 – Effect of Reissue
Pathway
Title 35 > Part III > Chapter 25 > Section 252
Details
- Reference: Section 252
- Legend: §252 – Effect of Reissue
- USCode Year: 2013
Provision Content
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 persons 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.
(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.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §64 (R.S. 4916, amended May 24, 1928, ch. 730, 45 Stat. 732.)
The first paragraph follows the present section with some rearrangement in language. The second paragraph adds new provisions for the protection of intervening rights, the court is given discretion to protect legitimate activities which would be adversely affected by the grant of a reissue and things made before the grant of the reissue are not subject to the reissue unless a claim of the original patent which is repeated in the reissue is infringed.
Amendments
1999—Pub. L. 106–113 inserted substantially before identical in two places in first par.
1994—Pub. L. 103–465 amended second par. generally. Prior to amendment, second par. read as follows: No reissued patent shall abridge or affect the right of any person or his successors in business who made, purchased or used prior to the grant of a reissue anything patented by the reissued patent, to continue the use of, or to sell to others to be used or sold, the specific thing so made, purchased or used, unless the making, using 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 or sale of the thing made, purchased or used as specified, or for the manufacture, use or sale of which substantial preparation was made before the grant of the reissue, and it may also provide for the continued practice of any process patented by the reissue, practice, or for the practice of which substantial preparation was made, prior to 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.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–113 effective Nov. 29, 2000, and applicable only to applications (including international applications designating the United States) filed on or after that date, see section 1000(a)(9) [title IV, §4508] of Pub. L. 106–113, as amended, set out as a note under section 10 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of Pub. L. 103–465, set out as a note under section 154 of this title.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-212 in the Legal Encyclopedia: Patents
In this entry about 35-U.S.C.-212, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.
Title 35 – Patents in the Legal Encyclopedia: Rights
In this entry about Title 35 – Patents, find legal reference material, bibliographies and premiere content related to rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States rights-specific issues, written by authorities in the field.
35-U.S.C.-251 in the Legal Encyclopedia: Protection
In this entry about 35-U.S.C.-251, find legal reference material, bibliographies and premiere content related to protection in the American Encyclopedia of Law, presenting a comprehensive view of the United States protection-specific issues, written by authorities in the field.
Title 35 – Patents in the Legal Encyclopedia: Patent Rights
In this entry about Title 35 – Patents, find legal reference material, bibliographies and premiere content related to patent rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States patent rights-specific issues, written by authorities in the field.
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