Are design patents eligible for patent term adjustment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, design patents are not eligible for patent term adjustment. According to MPEP 2751 : “ The patent term adjustment provisions of 35 U.S.C. 154(b) as amended by the American Inventors Protection Act of 1999 apply to original utility and plant patents issuing on applications filed on or after May 29, 2000. “ This statement explicitly mentions utility and plant patents, excluding design patents from eligibility for patent term adjustment. Design patents have a fixed term of 15 years from the date of grant and are not subject to the same adjustment provisions as utility and plant patents. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Eligibility Requirements for Patent Term Extension MPEP 2751 Permitted Definition of Product for Patent Term Extension MPEP 2751 Requirements for Patent Term Extension MPEP 2751 Permitted Definition of Product for Patent Term Extension MPEP 2751 Definition of Drug Product for Patent Term Extension MPEP 2751 Permitted 510(k) Review Not Eligible for PTE MPEP 2751 Regulatory Review Period Not Eligible for PTE MPEP 2751 No Concurrent Patent Term Extensions for Same Regulatory Review Period MPEP 2751 Extension of Patent Term for Approved Products MPEP 2751 Required No Patent Term Extension for Same Review Period MPEP 2751 Other Related FAQs 5 FAQs Collapse What conditions must be met for a patent to qualify for term extension? How does the &#8220;first permitted marketing or use&#8221; requirement affect patent term extension eligibility? What are the specific eligibility requirements for patent term adjustment? What types of patents are eligible for patent term extension? What is considered a &#8220;product&#8221; for patent term exten...