Are design patents eligible for term extensions or adjustments?
No, design patents are not eligible for term extensions or adjustments due to USPTO delays. The MPEP explicitly states:
“Since the term of a design patent is not affected by the length of time prosecution takes place, there are no patent term adjustment provisions for design patents.”
This applies to all design patents, including those issued from:
- Design applications filed under 35 U.S.C. 111
- International design applications filed under 35 U.S.C. 385
The fixed term of design patents means that delays in prosecution do not impact their duration, unlike utility and plant patents.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2710 - Term Extensions Or Adjustments For Delays Within The Uspto Under 35 U.S.C. 154,
Patent Law,
Patent Procedure