Should a new patent term extension application be filed for a reissue patent?
No, a new patent term extension application should not be filed for a reissue patent. Instead, a specific procedure should be followed:
According to MPEP § 2766:
“A whole new application for patent term extension should not be filed since any such filing would be outside the 60-day time frame within which an application must be filed following product approval as delineated in 35 U.S.C. 156(d)(1). Instead, a petition under 37 CFR 1.182 should be filed in the original patent informing the Office of the reissue patent and requesting that the application for term extension and all related documents be transferred to the reissue patent file.”
This petition should include any updated information that has changed due to the scope of the patent claims in the reissued patent. The Office of Patent Legal Administration will review the petition.
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