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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