Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Adjustments (1)
A terminal disclaimer can limit the effect of patent term adjustment (PTA). According to MPEP 2731:
“37 CFR 1.703(g) indicates that no patent, the term of which has been disclaimed beyond a specified date, shall be adjusted under 37 CFR 1.702 and 1.703 beyond the expiration date specified in the disclaimer (35 U.S.C. 154(b)(2)(B)).“
This means that if a patent applicant has filed a terminal disclaimer, agreeing that the patent will expire on a certain date (typically to avoid a double patenting rejection), the PTA cannot extend the patent term beyond that date. The terminal disclaimer effectively sets an upper limit on the total term of the patent, regardless of any delays that might otherwise qualify for PTA.
It’s important for applicants to consider the potential impact on PTA when deciding whether to file a terminal disclaimer, especially in cases where significant USPTO delays have occurred during prosecution. In some cases, it may be advantageous to address double patenting issues through other means if preserving PTA is a priority.
To learn more:
And Extensions (1)
A terminal disclaimer can limit the effect of patent term adjustment (PTA). According to MPEP 2731:
“37 CFR 1.703(g) indicates that no patent, the term of which has been disclaimed beyond a specified date, shall be adjusted under 37 CFR 1.702 and 1.703 beyond the expiration date specified in the disclaimer (35 U.S.C. 154(b)(2)(B)).“
This means that if a patent applicant has filed a terminal disclaimer, agreeing that the patent will expire on a certain date (typically to avoid a double patenting rejection), the PTA cannot extend the patent term beyond that date. The terminal disclaimer effectively sets an upper limit on the total term of the patent, regardless of any delays that might otherwise qualify for PTA.
It’s important for applicants to consider the potential impact on PTA when deciding whether to file a terminal disclaimer, especially in cases where significant USPTO delays have occurred during prosecution. In some cases, it may be advantageous to address double patenting issues through other means if preserving PTA is a priority.
To learn more:
MPEP 200 – Types and Status of Application; Benefit and Priority (1)
A continuation application can have significant implications for the patent term. Here are key points to understand:
- Patent Term Calculation: The term of a patent stemming from a continuation application is generally calculated from the filing date of the earliest application in the chain to which priority is claimed.
- 20-Year Term: Under current U.S. law, utility and plant patents have a term of 20 years from the earliest effective U.S. filing date of the application.
- No Extension of Monopoly: As stated in MPEP 201.07, ‘The filing of a continuation application does not extend the term of the patent to be granted on the continuing application because the term of a patent issuing on a continuation application is measured from the filing date of the earliest application for which a benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c).’
- Patent Term Adjustment: While the base term is not extended, a continuation may be eligible for patent term adjustment due to delays in prosecution, which can effectively extend the term.
It’s important to note that while continuation applications don’t extend the base patent term, they can provide strategic advantages in terms of claim scope and prosecution timing.
To learn more:
MPEP 2500 – Maintenance Fees (1)
If you miss both the maintenance fee payment and the 6-month grace period, your patent will expire. However, the USPTO may accept late payments under certain conditions. According to MPEP 2501:
“The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional.”
To reinstate the patent, you must file a petition showing the delay was unintentional and pay the maintenance fee along with any required surcharges. If accepted, “the patent shall be considered as not having expired at the end of the grace period.”
To learn more:
MPEP 2501 – Introduction (1)
If you miss both the maintenance fee payment and the 6-month grace period, your patent will expire. However, the USPTO may accept late payments under certain conditions. According to MPEP 2501:
“The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional.”
To reinstate the patent, you must file a petition showing the delay was unintentional and pay the maintenance fee along with any required surcharges. If accepted, “the patent shall be considered as not having expired at the end of the grace period.”
To learn more:
MPEP 2700 – Patent Terms (1)
A terminal disclaimer can limit the effect of patent term adjustment (PTA). According to MPEP 2731:
“37 CFR 1.703(g) indicates that no patent, the term of which has been disclaimed beyond a specified date, shall be adjusted under 37 CFR 1.702 and 1.703 beyond the expiration date specified in the disclaimer (35 U.S.C. 154(b)(2)(B)).“
This means that if a patent applicant has filed a terminal disclaimer, agreeing that the patent will expire on a certain date (typically to avoid a double patenting rejection), the PTA cannot extend the patent term beyond that date. The terminal disclaimer effectively sets an upper limit on the total term of the patent, regardless of any delays that might otherwise qualify for PTA.
It’s important for applicants to consider the potential impact on PTA when deciding whether to file a terminal disclaimer, especially in cases where significant USPTO delays have occurred during prosecution. In some cases, it may be advantageous to address double patenting issues through other means if preserving PTA is a priority.
To learn more:
MPEP 2731 – Period Of Adjustment (1)
A terminal disclaimer can limit the effect of patent term adjustment (PTA). According to MPEP 2731:
“37 CFR 1.703(g) indicates that no patent, the term of which has been disclaimed beyond a specified date, shall be adjusted under 37 CFR 1.702 and 1.703 beyond the expiration date specified in the disclaimer (35 U.S.C. 154(b)(2)(B)).“
This means that if a patent applicant has filed a terminal disclaimer, agreeing that the patent will expire on a certain date (typically to avoid a double patenting rejection), the PTA cannot extend the patent term beyond that date. The terminal disclaimer effectively sets an upper limit on the total term of the patent, regardless of any delays that might otherwise qualify for PTA.
It’s important for applicants to consider the potential impact on PTA when deciding whether to file a terminal disclaimer, especially in cases where significant USPTO delays have occurred during prosecution. In some cases, it may be advantageous to address double patenting issues through other means if preserving PTA is a priority.
To learn more:
Patent Law (3)
A terminal disclaimer can limit the effect of patent term adjustment (PTA). According to MPEP 2731:
“37 CFR 1.703(g) indicates that no patent, the term of which has been disclaimed beyond a specified date, shall be adjusted under 37 CFR 1.702 and 1.703 beyond the expiration date specified in the disclaimer (35 U.S.C. 154(b)(2)(B)).“
This means that if a patent applicant has filed a terminal disclaimer, agreeing that the patent will expire on a certain date (typically to avoid a double patenting rejection), the PTA cannot extend the patent term beyond that date. The terminal disclaimer effectively sets an upper limit on the total term of the patent, regardless of any delays that might otherwise qualify for PTA.
It’s important for applicants to consider the potential impact on PTA when deciding whether to file a terminal disclaimer, especially in cases where significant USPTO delays have occurred during prosecution. In some cases, it may be advantageous to address double patenting issues through other means if preserving PTA is a priority.
To learn more:
A continuation application can have significant implications for the patent term. Here are key points to understand:
- Patent Term Calculation: The term of a patent stemming from a continuation application is generally calculated from the filing date of the earliest application in the chain to which priority is claimed.
- 20-Year Term: Under current U.S. law, utility and plant patents have a term of 20 years from the earliest effective U.S. filing date of the application.
- No Extension of Monopoly: As stated in MPEP 201.07, ‘The filing of a continuation application does not extend the term of the patent to be granted on the continuing application because the term of a patent issuing on a continuation application is measured from the filing date of the earliest application for which a benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c).’
- Patent Term Adjustment: While the base term is not extended, a continuation may be eligible for patent term adjustment due to delays in prosecution, which can effectively extend the term.
It’s important to note that while continuation applications don’t extend the base patent term, they can provide strategic advantages in terms of claim scope and prosecution timing.
To learn more:
If you miss both the maintenance fee payment and the 6-month grace period, your patent will expire. However, the USPTO may accept late payments under certain conditions. According to MPEP 2501:
“The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional.”
To reinstate the patent, you must file a petition showing the delay was unintentional and pay the maintenance fee along with any required surcharges. If accepted, “the patent shall be considered as not having expired at the end of the grace period.”
To learn more:
Patent Procedure (3)
A terminal disclaimer can limit the effect of patent term adjustment (PTA). According to MPEP 2731:
“37 CFR 1.703(g) indicates that no patent, the term of which has been disclaimed beyond a specified date, shall be adjusted under 37 CFR 1.702 and 1.703 beyond the expiration date specified in the disclaimer (35 U.S.C. 154(b)(2)(B)).“
This means that if a patent applicant has filed a terminal disclaimer, agreeing that the patent will expire on a certain date (typically to avoid a double patenting rejection), the PTA cannot extend the patent term beyond that date. The terminal disclaimer effectively sets an upper limit on the total term of the patent, regardless of any delays that might otherwise qualify for PTA.
It’s important for applicants to consider the potential impact on PTA when deciding whether to file a terminal disclaimer, especially in cases where significant USPTO delays have occurred during prosecution. In some cases, it may be advantageous to address double patenting issues through other means if preserving PTA is a priority.
To learn more:
A continuation application can have significant implications for the patent term. Here are key points to understand:
- Patent Term Calculation: The term of a patent stemming from a continuation application is generally calculated from the filing date of the earliest application in the chain to which priority is claimed.
- 20-Year Term: Under current U.S. law, utility and plant patents have a term of 20 years from the earliest effective U.S. filing date of the application.
- No Extension of Monopoly: As stated in MPEP 201.07, ‘The filing of a continuation application does not extend the term of the patent to be granted on the continuing application because the term of a patent issuing on a continuation application is measured from the filing date of the earliest application for which a benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c).’
- Patent Term Adjustment: While the base term is not extended, a continuation may be eligible for patent term adjustment due to delays in prosecution, which can effectively extend the term.
It’s important to note that while continuation applications don’t extend the base patent term, they can provide strategic advantages in terms of claim scope and prosecution timing.
To learn more:
If you miss both the maintenance fee payment and the 6-month grace period, your patent will expire. However, the USPTO may accept late payments under certain conditions. According to MPEP 2501:
“The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional.”
To reinstate the patent, you must file a petition showing the delay was unintentional and pay the maintenance fee along with any required surcharges. If accepted, “the patent shall be considered as not having expired at the end of the grace period.”
To learn more: