What factors determine a utility patent’s expiration date?

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.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2211 - Time For Requesting Ex Parte Reexamination Under 35 U.S.C. 302, Patent Law, Patent Procedure
Tags: Maintenance Fees, Patent Expiration, patent term, patent term adjustment, patent term extension, Utility Patent