Can deleting a benefit claim under 35 U.S.C. 120 extend the patent term in a reissue?

No, deleting a benefit claim under 35 U.S.C. 120 in a reissue application cannot extend the patent term. The MPEP 1405 states: “Accordingly, a deletion in a reissue application of an earlier-obtained benefit claim under 35 U.S.C. 120 will not operate to lengthen the term of the patent to be reissued.” This is because the maximum term of the original patent is fixed at the time it is granted, and reissue can only be for the unexpired part of that original term.

To learn more:

• benefit claim
• 35 U.S.C. 120
• reissue
• patent term