What are the specific eligibility requirements for patent term adjustment?
The specific eligibility requirements for patent term adjustment are outlined in MPEP 2751. These include:
- The patent must be an original utility or plant patent issued on or after May 29, 2000.
- The application for the patent must have been filed on or after May 29, 2000.
- The patent must not be subject to a terminal disclaimer.
- The patent must not have issued on an application filed before June 8, 1995.
As stated in the MPEP, “The patent term adjustment provisions of 35 U.S.C. 154(b) as amended by the American Inventors Protection Act of 1999 apply to original utility and plant patents issuing on applications filed on or after May 29, 2000.“
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2751 - Eligibility Requirements,
Patent Law,
Patent Procedure