What factors determine a utility patent’s expiration date?

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.

According to MPEP 2211, several factors determine a utility patent’s expiration date:

• The term of the patent
• Payment of maintenance fees
• Any disclaimer filed to shorten the patent term
• Patent term extensions or adjustments for delays within the Office under 35 U.S.C. 154 (see MPEP § 2710, et seq.)
• Patent term extensions available under 35 U.S.C. 156 for premarket regulatory review (see MPEP § 2750 et. seq.)

The MPEP also notes that “Any other relevant information should also be taken into account.“