Are provisional applications considered in calculating patent term?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Priority Not Considered in Patent Term Determination MPEP 2701 Prohibited Patent Term Ends at US Filing Date MPEP 2701 Patent Term Is Twenty Years From Filing Date MPEP 2701 Term Ends at 20 Years From Filing Date MPEP 2701 Provisional Applications Not Counted In Patent Term MPEP 2701 Patent Term Begins on Issuance and Ends at 20 Years From Filing MPEP 2701 Patent Term Ends at 20 Years from Earliest Priority Date for Post-1995 Continuations MPEP 2701 Patent Term Not Extended Beyond Disclaimed Date MPEP 2701 Reference Patent’s Twenty-Year Term Longer Than Seventeen-Year Term MPEP 2701 Term of Patent Is 20 Years From Filing Date MPEP 2701 Required Other Related FAQs 5 FAQs Collapse How do continuing applications affect patent term? How is the patent term calculated for design patents? How long is the term for design patents? How does foreign priority affect patent term? What are patent term extensions and adjustments?