What patents are eligible for term extensions or adjustments due to USPTO delays?
The eligibility for patent term extensions or adjustments due to USPTO delays depends on the filing date of the patent application:
- Utility and plant patents filed between June 8, 1995, and May 28, 2000: Eligible for patent term extension under former 35 U.S.C. 154(b) and 37 CFR 1.701.
- Utility and plant patents filed on or after May 29, 2000: Eligible for patent term adjustment under 35 U.S.C. 154(b) and 37 CFR 1.702-1.705.
- Plant and utility patents filed before June 8, 1995: Not eligible for term extension or adjustment.
- Design patents: Not eligible for term extension or adjustment.
As stated in the MPEP: “Since the term of a design patent is not affected by the length of time prosecution takes place, there are no patent term adjustment provisions for design patents.”
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