How does a reissue application affect the original patent’s term?
A reissue application does not affect the original patent’s term. According to MPEP 201.05, ‘The reissue application is a continuation of the original application and the reissue patent will expire at the same time that the original patent would have expired.’
This means that:
- The term of the reissue patent remains the same as the original patent.
- No additional patent term is granted through the reissue process.
- The expiration date of the reissue patent will be identical to that of the original patent.
It’s important to note that while a reissue doesn’t extend the patent term, it can potentially strengthen or broaden the patent’s claims within the original term, subject to certain limitations such as the two-year rule for broadening reissues.
The patent term is governed by 35 U.S.C. 254, which states: ‘Every reissued patent shall have the same effect and operation in law, on the trial of actions for causes thereafter arising, as if the same had been originally granted in such amended form, but in so far as the claims of the original and reissued patents are substantially identical, such surrender shall not affect any action then pending nor abate any cause of action then existing, and the reissued patent, to the extent that its claims are substantially identical with the original patent, shall constitute a continuation thereof and have effect continuously from the date of the original patent.’
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