How does the filing date affect patent term extension eligibility?
The filing date of a patent application is crucial in determining its eligibility for term extensions or adjustments due to USPTO delays. Here’s a breakdown:
- Filed between June 8, 1995, and May 28, 2000: Eligible for term extension under former 35 U.S.C. 154(b).
- Filed on or after May 29, 2000: Eligible for term adjustment under current 35 U.S.C. 154(b).
- Filed before June 8, 1995: Not eligible for term extension or adjustment.
As stated in the MPEP: “Plant and utility patents issuing on applications filed before June 8, 1995 which have a term that is the greater of the “twenty-year term” (see MPEP § 2701) or seventeen years from patent grant are not eligible for term extension or adjustment due to delays in processing the patent application by the United States Patent and Trademark Office.”
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2710 - Term Extensions Or Adjustments For Delays Within The Uspto Under 35 U.S.C. 154,
Patent Law,
Patent Procedure