특허관련 [특허] Reissue 특허의 권리기간 2011/03/11 10:27 by 알스톤

MPEP1405 Reissue and Patent Term [R-2]

35 U.S.C. 251 prescribes the effect of reissue on the patent term by stating that
"the Director shall. reissue the patent. for the unexpired term of the original patent."


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
under 35 U.S.C. 120 will not operate to lengthen the term of the patent to be reissued.

MPEP : 미국특허심사 지침


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