What factors should be considered when determining a patent’s expiration date for supplemental examination?

When determining a patent’s expiration date for supplemental examination purposes, several factors should be considered. According to MPEP 2808, these factors include:

• The term of the patent
• Whether maintenance fees have been paid
• Any disclaimers filed to shorten the patent term
• Patent term extensions or adjustments for delays within the USPTO under 35 U.S.C. 154
• Patent term extensions available under 35 U.S.C. 156 for premarket regulatory review

The MPEP also notes that “Any other relevant information should also be taken into account.” It’s the responsibility of the patent owner to accurately determine the expiration date of the patent for which supplemental examination is requested.

To learn more:

• patent expiration
• supplemental examination
• patent term
• patent maintenance