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2766 Processing of Patent Term Extension Applications When Reissue Has Been Filed

MPEP SECTION SUMMARY A patent owner, during the unexpired part of the term of the original patent, may file for reissue of the patent for the invention disclosed in the original patent. This section covers these situations.

When the filing of a reissue occurs during processing of a patent term extension application, the Office should receive notice of the filing of the reissue, and if necessary, applicant should request stay of action on the application for term extension.

Should the patent for which extension has been sought be reissued during the processing of the application for patent term extension, the original patent, by operation of law no longer exists.