How does the filing date of a divisional application affect patent term?

The filing date of a divisional application can affect the patent term in several ways:

1. 20-year term: The 20-year patent term is calculated from the earliest U.S. filing date to which the divisional application claims priority. This means that the term of a patent issued on a divisional application will generally be shorter than that of its parent application.
2. Patent Term Adjustment (PTA): The divisional application may be eligible for PTA based on delays in its own prosecution, but not for delays in the prosecution of its parent application.
3. Terminal Disclaimer: If there’s a risk of obviousness-type double patenting, a terminal disclaimer may be required, potentially limiting the term of the divisional patent to that of the parent patent.

The MPEP 201.06(c) does not directly address patent term, but it’s important to consider these factors when filing a divisional application. For more details on patent term, refer to MPEP 2701.

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