Under what circumstance does a reissue application lead to the automatic surrender of the original patent?

A reissue application leads to the automatic surrender of the original patent upon the issuance of the reissue patent. This mechanism is built into the patent law to ensure that only one operative patent exists for a particular invention at any given time.

When a reissue application is filed, it serves the purpose of correcting defects or expanding the scope of the original patent. Until the reissue itself is granted, the original patent remains in effect, and the patent holder retains all rights associated with that patent. However, once the reissue application is examined and a reissue patent is granted (issued), the original patent is automatically surrendered because the original patent is superseded by the newly issued reissue patent. This process helps maintain clarity and avoid conflicts between two patents that may cover the same subject matter.

The other options pertain to different stages of the reissue application process, but they do not trigger the automatic surrender of the original patent. For example, simply filing the application does not affect the status of the original patent, nor does a final rejection or abandonment result in automatic surrender. The surrender is specifically tied to the issuance stage of the reissue patent.