[Patentpractice] Pending reissue application -- am I missing something?

[Randall Svihla]

35 USC 251 states that a reissued patent is only granted "for the unexpired part of the term of the original patent."


From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Justin Miller via Patentpractice
Sent: Friday, December 20, 2024 2:57 PM
To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Cc: Justin Miller <justin at larsonpatentlaw.com>
Subject: [Patentpractice] Pending reissue application -- am I missing something?

Fact pattern:

  *   While calculating the term of utility patent, I check for continuity and discover a reissue application;
  *   The reissue application has been pending since 2011 (yes, 14 years), with six RCEs filed to keep it alive;
  *   The parent utility patent expires before the end of 2024;
  *   It is my understanding that the RCE application, if it issues as a patent, will have the same term as the parent utility patent, and thus will correspondingly expire before the end of 2024;
  *   I want to tell the client that the utility patent will enter the public domain at the end of 2024, and that the reissue application is of no consequence because even if it were to issue, it would have no term.
Am I missing something? I've never seen a reissue application last for 14 years -- just makes me question whether there is a strategy that I am missing.

Thanks for the input.

Sincerely,
Justin Miller
Patent Attorney
Larson & Larson
Direct: 727-592-8435
Largo, FL: 727-546-0660
Tampa, FL: 813-223-3226
justin at larsonpatentlaw.com<mailto:justin at larsonpatentlaw.com>
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