What if a reissue declaration aims to correct the patent term by deleting a 35 U.S.C. 120 benefit claim?
If the only error identified in the reissue declaration is stated to be the correction or adjustment of the patent term by deleting the 35 U.S.C. 120 benefit claim, the application will be rejected. According to MPEP 1405:
“If the only error identified in the reissue declaration is stated to be the correction or adjustment of the patent term by deleting the 35 U.S.C. 120 benefit claim, a rejection under 35 U.S.C. 251 should be made, based on the lack of an appropriate error for reissue and failure to comply with 37 CFR 1.175.“
This is because reissue cannot be used to extend the patent term, as 35 U.S.C. 251 only permits reissue “for the unexpired part of the term of the original patent.”
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