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
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:
A critical requirement when prosecuting a U.S. patent application is the duty of disclosure (35 C.F.R. §1.56), which is placed on each individual associated with the filing and prosecution of a patent application, to disclose to the U.S. Patent and Trademark Office (USPTO) all information known to that individual to be material to patentability; that is, a reasonable examiner would consider it important in deciding whether to allow the application. » Read More
Blockchain, also known as distributed ledger technology (DLT), is a digital ledger in which transactions, often made in a cryptocurrency, are recorded chronologically and publicly. (You can refer to our prior post on blockchain and cryptocurrencies here.)
Although the applications of blockchain technology is most commonly associated with cryptocurrencies, there is a surge of other use cases in the fields of finance, healthcare, arts/entertainment, government, and logistics. » Read More
On January 26, I was a panelist for The Knowledge Group Webinar on “Patent Protection for Pharma and Biotechnology in 2018.” I discussed the Evolving Role of Secondary Considerations in Formulation Obviousness and the Use of Post-Priority-Date Evidence to Show Lack of Written Description. » Read More
As you may be aware, cryptocurrencies, such as Bitcoin, Ethereum, and Litecoin, have surged to incredible and unexpected values over the past few months. For a few days in the middle of December 2017, each Bitcoin was valued at almost $20,000, and, as of today, Ethereum, the second most valuable cryptocurrency behind Bitcoin, is hovering around the $1,000 mark with a total market cap of around $100 billion. » Read More
Twice a month, “Thinking About Patents” discusses the patent preparation and prosecution issues of greatest concern to you.
We’ll provide insights into patentability-determinative issues and Patent Office best practices. This invaluable resource will be a “must have” in your arsenal when prosecuting patent applications in today’s “anti-patent” climate. » Read More