What if a reissue declaration aims to correct the patent term by deleting a 35 U.S.C. 120 benefit claim?

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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. 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.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Correction of 35 U.S.C. 120 Benefit Claim Requires Error Description MPEP 1405 Recommended Reissue Declaration for Deleting Continuation Benefit Claim MPEP 1405 Recommended Patent Term Cannot Be Extended Through Reissue MPEP 1405 Prohibited Patentee Can Delete 120 Benefit Claim in Reissue MPEP 1405 Deletion of Benefit Claim Does Not Extend Patent Term MPEP 1405 Reissue Only Extends Unexpired Patent Term MPEP 1405 Recommended Requirement for Deleting Continuation Benefit Claim MPEP 1405 Patent Term Is Fixed at Grant MPEP 1405 Reissue Declaration Must Identify Other Errors MPEP 1405 Requirement for Dealing with Benefit Claim in Reissue Application MPEP 1405 Permitted Other Related FAQs 5 FAQs Collapse Can deleting a benefit claim under 35 U.S.C. 120 extend the patent term in a reissue? How does a reissue application affect patent term adjustment? What happens if the only error identified in a reissue declaration is to delete a 35...