No reissued patent shall be granted enlarging the scope of the claims of the original patent unless it is applied for within two years from the grant of the original patent. Broader claims may be applied for in a reissue, if the reissue application is filed within two years of the issue date of the patent. A reissue filed on the 2-year anniversary date is considered as filed within 2 years.
A reissue application can be granted a filing date without an oath or declaration, or without the basic filing fee, search fee, or examination fee being present.
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1403
1405 Reissue and Patent Term
MPEP SECTION SUMMARY
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 the filing of a terminal disclaimer, it cannot be extended through the filing of a reissue.
Accordingly, a deletion in a reissue application of an earlier-obtained benefit claim will not operate to lengthen the term of the patent to be reissued.
1406 Citation and Consideration of References Cited in Original Patent
MPEP SECTION SUMMARY
In a reissue application, the examiner will consider all references that have been cited during the original prosecution of the patent, and list any reference again cited/applied in the reissue application.
Should applicants wish to ensure that all of the references which were cited in the original patent are considered and cited in the reissue application, an information disclosure statement (IDS) in compliance should be filed in the reissue application.
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