What is the standard patent term for utility and plant patents?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

The standard patent term for utility and plant patents filed on or after June 8, 1995, is 20 years from the earliest effective U.S. filing date. This is established by 35 U.S.C. 154(a)(2), which states:

“Subject to the payment of fees under this title, such grant shall be for a term beginning on the date on which the patent issues and ending 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application or applications under section 120, 121, 365(c), or 386(c) from the date on which the earliest such application was filed.”

It’s important to note that this term can be subject to adjustments and extensions under certain circumstances.

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2701 - Patent Term Patent Law Patent Procedure
Tags: Design Benefit Claims, patent grant, Term 20 Years, Term Continuations, Term Provisional Rights