Are provisional applications considered in calculating patent term?
No, provisional applications are not considered in calculating the patent term. The MPEP clearly states, Domestic benefit under 35 U.S.C. 119(e) to one or more U.S. provisional applications is not considered in the calculation of the twenty-year term
. This means that the filing date of a provisional application does not affect the 20-year term of a subsequent non-provisional patent, which is calculated from the filing date of the non-provisional application.
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Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2701 - Patent Term,
Patent Law,
Patent Procedure