How does a reissue affect the patent term?

How does a reissue affect the patent term?

A reissue does not extend or alter the original patent term. According to MPEP 1460:

“The maximum term of the original patent is fixed at the time the patent is granted. While the term may be subsequently shortened, e.g., through filing of a terminal disclaimer, it cannot be extended through the filing of a reissue.”

This means that when a patent is reissued:

  • The expiration date remains the same as the original patent
  • No additional time is added to the patent term
  • The term can be shortened (e.g., through a terminal disclaimer) but cannot be extended

Inventors and patent holders should be aware that seeking a reissue will not provide any extension to their patent protection period.

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Tags: Expiration Date, patent term, Terminal Disclaimer