Can a patent owner request a reissue to extend the patent term?
Can a patent owner request a reissue to extend the patent term?
No, a patent owner cannot use the reissue process to extend the patent term. The MPEP 1405 clearly states:
“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 terminal disclaimer, it cannot be extended through the filing of a reissue.”
This means that the reissue process is designed to correct errors in the patent, not to extend its duration. The expiration date of a reissue patent is always the same as that of the original patent, subject to any terminal disclaimers or other adjustments that were applicable to the original patent.
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