What happens to a patent term extension application when a reissue patent is filed?

When a reissue patent is filed during the processing of a patent term extension application, several steps need to be taken:

• The Office should receive notice of the reissue filing (see MPEP § 2762).
• If necessary, the applicant should request a stay of action on the term extension application (see MPEP § 2765).
• If the patent is reissued during the processing of the term extension application, the original patent no longer exists by operation of law.
• Documents and correspondence regarding the term extension application must be transferred from the original patent to the reissue patent.

As stated in MPEP § 2766: “When a patent is reissued, it is necessary to transfer the documents and correspondence regarding the application for patent term extension from the original patent into the reissue patent.“

To learn more:

• patent term extension
• reissue patent
• patent procedure