This is the new MLex platform. Existing customers should continue to use the existing MLex platform until migrated.
For any queries, please contact Customer Services or your Account Manager. Dismiss

Patent term extension clock isn’t reset on reissue, US Federal Circuit affirms

By Nick Robertson ( March 13, 2025, 21:55 GMT | Insight) -- The US Court of Appeals for the Federal Circuit today affirmed in a precedential opinion that patent term extensions given to a reissued patent start from the date of the original patent, not the reissue, when the reissue includes the same claims that were under review, finding in favor of pharma giant Merck.An extended patent term for a reissued Merck drug compound patent will go unchanged, the US Court of Appeals for the Federal Circuit ruled today, affirming a lower court ruling that patent term extensions (PTEs) are calculated based on the issue date of the original patent, rather than the reissued patent, for reissues which include the same original claims that were under review....

Prepare for tomorrow’s regulatory change, today

MLex identifies risk to business wherever it emerges, with specialist reporters across the globe providing exclusive news and deep-dive analysis on the proposals, probes, enforcement actions and rulings that matter to your organization and clients, now and in the longer term.


Know what others in the room don’t, with features including:

  • Daily newsletters for Antitrust, M&A, Trade, Data Privacy & Security, Technology, AI and more
  • Custom alerts on specific filters including geographies, industries, topics and companies to suit your practice needs
  • Predictive analysis from expert journalists across North America, the UK and Europe, Latin America and Asia-Pacific
  • Curated case files bringing together news, analysis and source documents in a single timeline

Experience MLex today with a 14-day free trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections