The term of a U.S. patent is typically twenty years. However, the patent term can be altered as a result of certain Patent Office delays (patent term adjustment) and certain regulatory delays (patent term extensions). For the former, the Patent Office will adjust the term on a day‑for‑day basis: one day of delay results in one day of adjustment. » Read More
Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. This means that drug and biotechnology-based inventions are treated no differently by the U.S. » Read More
As discussed in our previous post, Patent Term Adjustment (PTA) under 35 U.S.C. §154(b) and Patent Term Extension (PTE) under 35 U.S.C. §156 provide for extensions on the standard patent term, which can be very valuable for products that have long development and/or regulatory approval lifecycles, such as in the case of pharmaceuticals. » Read More
The term of a patent defines the time during which the patent is in force and infringing activities may be acted upon.
Factors to Consider for Patent Term Calculations
The standard term of U.S. patents (other than design patents) issued from applications filed on or after June 8, 1995, is defined by the “twenty-year term,” which is subject to adjustment due to various factors:
If you’ve been prosecuting patents for any significant length of time, you’ve probably been hit with the objection that your data, while surprising and unexpected, are not “commensurate in scope with your claims.” Maybe you have some understanding of what this phrase means. » Read More
In my prior post I discussed benefits of seeking design patent protection for your products, which can often provide effective protection for products to be imported and marketed in the United States of America. This protection can be exclusive of but concurrent with any “regular utility” patent applications filed in the USA. » Read More