Can deleting a benefit claim under 35 U.S.C. 120 extend the patent term in a reissue?

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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. No, deleting a benefit claim under 35 U.S.C. 120 in a reissue application cannot extend the patent term. The MPEP 1405 states: “ Accordingly, a deletion in a reissue application of an earlier-obtained benefit claim under 35 U.S.C. 120 will not operate to lengthen the term of the patent to be reissued. ” This is because the maximum term of the original patent is fixed at the time it is granted, and reissue can only be for the unexpired part of that original term. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Deletion of Benefit Claim Does Not Extend Patent Term MPEP 1405 Correction of 35 U.S.C. 120 Benefit Claim Requires Error Description MPEP 1405 Recommended Patent Reissue for Unexpired Original Term MPEP 1405 Required Patent Term Is Fixed at Grant MPEP 1405 Examiner Must Examine Reissue Application MPEP 1405 Recommended Reissue Only Extends Unexpired Patent Term MPEP 1405 Recommended Patent Term Cannot Be Extended Through Reissue MPEP 1405 Prohibited Requirement for Deleting Continuation Benefit Claim MPEP 1405 Patentee Can Delete 120 Benefit Claim in Reissue MPEP 1405 Requirement for Dealing with Benefit Claim in Reissue Application MPEP 1405 Permitted Other Related FAQs 5 FAQs Collapse How does a reissue application affect patent term adjustment? What if a reissue declaration aims to correct the patent term by deleting a 35 U.S.C. 120 benefit claim? What happens if the only error identified in a reissue declaration is to delete a 35 U.S.C. 120 benefit claim? Can a patent owner request a reissue to extend the patent term? How do terminal disclaimers affect reissue patents?