How does a reissue application affect patent term adjustment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A reissue application does not affect the patent term adjustment (PTA) of the original patent. The MPEP 1405 states: “The filing of a reissue application does not affect the patent term adjustment under 35 U.S.C. 154(b) of the original patent.” This means that any PTA granted to the original patent remains in effect, regardless of the reissue process. The reissue patent will expire on the same date as the original patent would have, including any adjustments. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Term Is Fixed at Grant MPEP 1405 Patent Term Cannot Be Extended Through Reissue MPEP 1405 Prohibited Correction of 35 U.S.C. 120 Benefit Claim Requires Error Description MPEP 1405 Recommended Examiner Must Examine Reissue Application MPEP 1405 Recommended Reissue Only Extends Unexpired Patent Term MPEP 1405 Recommended Reissue Declaration for Deleting Continuation Benefit Claim MPEP 1405 Recommended Patent Reissue for Unexpired Original Term MPEP 1405 Required Deletion of Benefit Claim Does Not Extend Patent Term MPEP 1405 Requirement for Deleting Continuation Benefit Claim MPEP 1405 Patentee Can Delete 120 Benefit Claim in Reissue MPEP 1405 Other Related FAQs 5 FAQs Collapse Can deleting a benefit claim under 35 U.S.C. 120 extend the patent term in a reissue? What if a reissue declaration aims to correct the patent term by deleting a 35 U.S.C. 120 benefit claim? What happens if the only error identified in a reissue declaration is to delete a 35 U.S.C. 120 benefit claim? Can a patent owner request a reissue to extend the patent term? How do terminal disclaimers affect reissue patents?