Can the term of a design patent be extended through reissue?
No, the term of a design patent cannot be extended through the reissue process. MPEP 1509 clearly states:
“The term of a design patent may not be extended by reissue.”
This limitation is based on the legal precedent set in Ex parte Lawrence, 70 USPQ 326 (Comm’r Pat. 1946). The purpose of a design patent reissue is to correct errors in the original patent, not to extend its duration. Design patents have a fixed term of 15 years from the date of grant for applications filed on or after May 13, 2015, and this term cannot be altered through the reissue process.
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