Patent Law FAQ

A delayed submission of a benefit claim can have significant implications for patent term adjustment (PTA). According to MPEP 211.04:

“If a petition under 37 CFR 1.78 to accept an unintentionally delayed benefit claim is granted, the petition decision will notify applicant that the patent term adjustment statement in the notice of allowance may need to be revised if the patent issues on a date that is more than four months after the date the petition was filed.”

This means that if the petition is granted and the patent issues more than four months after the petition filing date, the patent term adjustment may need to be recalculated. The delay in submitting the benefit claim could potentially reduce the patent term adjustment, as it may be considered applicant delay under the PTA rules.

It’s important for applicants to be aware that delayed benefit claims can affect the overall patent term, potentially shortening the effective life of the patent.

To learn more:

• delayed benefit claim
• patent term adjustment
• PTA
• applicant delay
• petition

The filing date of a divisional application can affect the patent term in several ways:

1. 20-year term: The 20-year patent term is calculated from the earliest U.S. filing date to which the divisional application claims priority. This means that the term of a patent issued on a divisional application will generally be shorter than that of its parent application.
2. Patent Term Adjustment (PTA): The divisional application may be eligible for PTA based on delays in its own prosecution, but not for delays in the prosecution of its parent application.
3. Terminal Disclaimer: If there’s a risk of obviousness-type double patenting, a terminal disclaimer may be required, potentially limiting the term of the divisional patent to that of the parent patent.

The MPEP 201.06(c) does not directly address patent term, but it’s important to consider these factors when filing a divisional application. For more details on patent term, refer to MPEP 2701.

For more information on Divisional application, visit: Divisional application.

For more information on patent term, visit: patent term.

For more information on patent term adjustment, visit: patent term adjustment.

Filing a delayed benefit claim can have significant implications for patent term adjustment (PTA). According to MPEP 211.04:

‘If a benefit claim is submitted later than the time period provided by 37 CFR 1.78, the patent will not be granted the earlier filing date unless a petition under 37 CFR 1.78 is granted. If the petition is granted, the patent term adjustment (PTA) may be reduced.’

This means that if your delayed benefit claim is accepted through a successful petition, it may result in a reduction of your patent’s term adjustment. The reduction in PTA is intended to balance the benefit gained from the earlier filing date against the delay in claiming that benefit.

To learn more:

• delayed benefit claim
• patent term adjustment
• PTA reduction

A divisional application’s patent term adjustment (PTA) is calculated independently from its parent application. The MPEP 201.06 provides guidance on this matter:

‘A divisional application will receive its own patent term adjustment under 35 U.S.C. 154(b), which will be calculated based on the prosecution of the divisional application itself.’

Key points to understand:

• The divisional application’s PTA is based solely on its own prosecution history
• Any delays or adjustments from the parent application do not affect the divisional’s PTA
• The PTA calculation starts from the filing date of the divisional application
• Applicants should monitor the prosecution of the divisional application to ensure accurate PTA calculation

For more information on patent term adjustment, refer to MPEP 2730.

To learn more:

• divisional application
• patent term adjustment
• PTA
• 35 U.S.C. 154(b)

To learn more:

• 35 U.S.C. 154(b)

A continuation-in-part (CIP) application can have a complex effect on patent term. The MPEP 201.08 states:

‘A continuation-in-part application is entitled to the benefit of the filing date of an earlier nonprovisional application as to common subject matter.’

This has several implications for patent term:

• 20-year term: The patent term is generally 20 years from the earliest effective U.S. filing date of the first nonprovisional application in the chain.
• New matter: Claims solely supported by new matter in the CIP do not receive the benefit of the earlier filing date, potentially extending their effective term.
• Priority claims: The ability to claim priority to earlier applications can affect the starting point of the 20-year term.
• Patent term adjustment: Delays in prosecution may lead to patent term adjustments, which can extend the term beyond 20 years.

Applicants should carefully consider the impact on patent term when deciding to file a CIP, especially for rapidly evolving technologies where a longer term might be advantageous.

For more information on new matter, visit: new matter.

For more information on patent term, visit: patent term.

For more information on patent term adjustment, visit: patent term adjustment.

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:

• continuation application
• patent term
• patent expiration
• patent term adjustment

When an abandoned application is later revived, it retains its original filing date. The revival process effectively removes the abandonment status, allowing the application to continue prosecution. However, the period of abandonment may impact patent term adjustment calculations. For more information on revival procedures, refer to MPEP 711 and 37 CFR 1.137.

Claiming priority to a foreign application generally does not affect the term of a U.S. patent. The patent term is typically calculated from the actual U.S. filing date, not the foreign priority date.

For utility and plant patents:
– The term is 20 years from the earliest U.S. filing date of the application or any U.S. application to which it claims benefit under 35 U.S.C. 120, 121, or 365(c).
– The foreign priority date is not used in this calculation.

For design patents:
– The term is 15 years from the date of grant.
– The filing or priority dates do not affect the term.

It’s important to note that while the foreign priority date doesn’t affect the patent term, it can affect the effective filing date for prior art purposes, which can be crucial for determining patentability.

Patent Term Adjustment (PTA) may be available to extend the term of a utility or plant patent due to delays in prosecution, but this is calculated based on the actual U.S. filing date, not the foreign priority date.

The filing date of a divisional application can affect the patent term in several ways:

1. 20-year term: The 20-year patent term is calculated from the earliest U.S. filing date to which the divisional application claims priority. This means that the term of a patent issued on a divisional application will generally be shorter than that of its parent application.
2. Patent Term Adjustment (PTA): The divisional application may be eligible for PTA based on delays in its own prosecution, but not for delays in the prosecution of its parent application.
3. Terminal Disclaimer: If there’s a risk of obviousness-type double patenting, a terminal disclaimer may be required, potentially limiting the term of the divisional patent to that of the parent patent.

The MPEP 201.06(c) does not directly address patent term, but it’s important to consider these factors when filing a divisional application. For more details on patent term, refer to MPEP 2701.

For more information on Divisional application, visit: Divisional application.

For more information on patent term, visit: patent term.

For more information on patent term adjustment, visit: patent term adjustment.

A continuation-in-part (CIP) application can have a complex effect on patent term. The MPEP 201.08 states:

‘A continuation-in-part application is entitled to the benefit of the filing date of an earlier nonprovisional application as to common subject matter.’

This has several implications for patent term:

• 20-year term: The patent term is generally 20 years from the earliest effective U.S. filing date of the first nonprovisional application in the chain.
• New matter: Claims solely supported by new matter in the CIP do not receive the benefit of the earlier filing date, potentially extending their effective term.
• Priority claims: The ability to claim priority to earlier applications can affect the starting point of the 20-year term.
• Patent term adjustment: Delays in prosecution may lead to patent term adjustments, which can extend the term beyond 20 years.

Applicants should carefully consider the impact on patent term when deciding to file a CIP, especially for rapidly evolving technologies where a longer term might be advantageous.

For more information on new matter, visit: new matter.

For more information on patent term, visit: patent term.

For more information on patent term adjustment, visit: patent term adjustment.

When an abandoned application is later revived, it retains its original filing date. The revival process effectively removes the abandonment status, allowing the application to continue prosecution. However, the period of abandonment may impact patent term adjustment calculations. For more information on revival procedures, refer to MPEP 711 and 37 CFR 1.137.

Claiming priority to a foreign application generally does not affect the term of a U.S. patent. The patent term is typically calculated from the actual U.S. filing date, not the foreign priority date.

For utility and plant patents:
– The term is 20 years from the earliest U.S. filing date of the application or any U.S. application to which it claims benefit under 35 U.S.C. 120, 121, or 365(c).
– The foreign priority date is not used in this calculation.

For design patents:
– The term is 15 years from the date of grant.
– The filing or priority dates do not affect the term.

It’s important to note that while the foreign priority date doesn’t affect the patent term, it can affect the effective filing date for prior art purposes, which can be crucial for determining patentability.

Patent Term Adjustment (PTA) may be available to extend the term of a utility or plant patent due to delays in prosecution, but this is calculated based on the actual U.S. filing date, not the foreign priority date.

The time period for responding to a notice about an unlocatable file depends on whether it’s for an application or a patent:

• For applications: The USPTO typically sets a three-month period, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
• For patents: A six-month non-extendable period is set.

It’s important to note that for applications, as stated in the MPEP, If, however, an applicant fails to reply to a notice under 37 CFR 1.251 within three months of its mailing date, any patent term adjustment under 35 U.S.C. 154(b) will be reduced by a period equal to the number of days (if any) beginning on the day after the date that is three months after the mailing date of the notice under 37 CFR 1.251 and ending on the date the reply to the notice under 37 CFR 1.251 was filed.

To learn more:

• Response time
• USPTO notices
• Patent term adjustment
• Application procedures

The USPTO has specific rules regarding patent term adjustments when dealing with notices about unlocatable files. According to the MPEP:

If, however, an applicant fails to reply to a notice under 37 CFR 1.251 within three months of its mailing date, any patent term adjustment under 35 U.S.C. 154(b) will be reduced by a period equal to the number of days (if any) beginning on the day after the date that is three months after the mailing date of the notice under 37 CFR 1.251 and ending on the date the reply to the notice under 37 CFR 1.251 was filed.

This reduction in patent term adjustment is based on 35 U.S.C. 154(b)(2)(C)(ii) and 37 CFR 1.704(b). It’s important to note that this reduction applies even if the applicant responds within the overall six-month period allowed for reply (including extensions).

This policy underscores the importance of prompt action in response to such notices, as delays can directly impact the duration of patent protection.

For more information on patent term adjustment, visit: patent term adjustment.

The USPTO has specific rules regarding patent term adjustments when dealing with notices about unlocatable files. According to the MPEP:

If, however, an applicant fails to reply to a notice under 37 CFR 1.251 within three months of its mailing date, any patent term adjustment under 35 U.S.C. 154(b) will be reduced by a period equal to the number of days (if any) beginning on the day after the date that is three months after the mailing date of the notice under 37 CFR 1.251 and ending on the date the reply to the notice under 37 CFR 1.251 was filed.

This reduction in patent term adjustment is based on 35 U.S.C. 154(b)(2)(C)(ii) and 37 CFR 1.704(b). It’s important to note that this reduction applies even if the applicant responds within the overall six-month period allowed for reply (including extensions).

This policy underscores the importance of prompt action in response to such notices, as delays can directly impact the duration of patent protection.

For more information on patent term adjustment, visit: patent term adjustment.

A delayed submission of a benefit claim can have significant implications for patent term adjustment (PTA). According to MPEP 211.04:

“If a petition under 37 CFR 1.78 to accept an unintentionally delayed benefit claim is granted, the petition decision will notify applicant that the patent term adjustment statement in the notice of allowance may need to be revised if the patent issues on a date that is more than four months after the date the petition was filed.”

This means that if the petition is granted and the patent issues more than four months after the petition filing date, the patent term adjustment may need to be recalculated. The delay in submitting the benefit claim could potentially reduce the patent term adjustment, as it may be considered applicant delay under the PTA rules.

It’s important for applicants to be aware that delayed benefit claims can affect the overall patent term, potentially shortening the effective life of the patent.

To learn more:

• delayed benefit claim
• patent term adjustment
• PTA
• applicant delay
• petition

When an abandoned application is later revived, it retains its original filing date. The revival process effectively removes the abandonment status, allowing the application to continue prosecution. However, the period of abandonment may impact patent term adjustment calculations. For more information on revival procedures, refer to MPEP 711 and 37 CFR 1.137.

The time period for responding to a notice about an unlocatable file depends on whether it’s for an application or a patent:

• For applications: The USPTO typically sets a three-month period, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
• For patents: A six-month non-extendable period is set.

It’s important to note that for applications, as stated in the MPEP, If, however, an applicant fails to reply to a notice under 37 CFR 1.251 within three months of its mailing date, any patent term adjustment under 35 U.S.C. 154(b) will be reduced by a period equal to the number of days (if any) beginning on the day after the date that is three months after the mailing date of the notice under 37 CFR 1.251 and ending on the date the reply to the notice under 37 CFR 1.251 was filed.

To learn more:

• Response time
• USPTO notices
• Patent term adjustment
• Application procedures

The USPTO has specific rules regarding patent term adjustments when dealing with notices about unlocatable files. According to the MPEP:

If, however, an applicant fails to reply to a notice under 37 CFR 1.251 within three months of its mailing date, any patent term adjustment under 35 U.S.C. 154(b) will be reduced by a period equal to the number of days (if any) beginning on the day after the date that is three months after the mailing date of the notice under 37 CFR 1.251 and ending on the date the reply to the notice under 37 CFR 1.251 was filed.

This reduction in patent term adjustment is based on 35 U.S.C. 154(b)(2)(C)(ii) and 37 CFR 1.704(b). It’s important to note that this reduction applies even if the applicant responds within the overall six-month period allowed for reply (including extensions).

This policy underscores the importance of prompt action in response to such notices, as delays can directly impact the duration of patent protection.

For more information on patent term adjustment, visit: patent term adjustment.

The filing date of a divisional application can affect the patent term in several ways:

1. 20-year term: The 20-year patent term is calculated from the earliest U.S. filing date to which the divisional application claims priority. This means that the term of a patent issued on a divisional application will generally be shorter than that of its parent application.
2. Patent Term Adjustment (PTA): The divisional application may be eligible for PTA based on delays in its own prosecution, but not for delays in the prosecution of its parent application.
3. Terminal Disclaimer: If there’s a risk of obviousness-type double patenting, a terminal disclaimer may be required, potentially limiting the term of the divisional patent to that of the parent patent.

The MPEP 201.06(c) does not directly address patent term, but it’s important to consider these factors when filing a divisional application. For more details on patent term, refer to MPEP 2701.

For more information on Divisional application, visit: Divisional application.

For more information on patent term, visit: patent term.

For more information on patent term adjustment, visit: patent term adjustment.

Filing a delayed benefit claim can have significant implications for patent term adjustment (PTA). According to MPEP 211.04:

‘If a benefit claim is submitted later than the time period provided by 37 CFR 1.78, the patent will not be granted the earlier filing date unless a petition under 37 CFR 1.78 is granted. If the petition is granted, the patent term adjustment (PTA) may be reduced.’

This means that if your delayed benefit claim is accepted through a successful petition, it may result in a reduction of your patent’s term adjustment. The reduction in PTA is intended to balance the benefit gained from the earlier filing date against the delay in claiming that benefit.

To learn more:

• delayed benefit claim
• patent term adjustment
• PTA reduction

Claiming priority to a foreign application generally does not affect the term of a U.S. patent. The patent term is typically calculated from the actual U.S. filing date, not the foreign priority date.

For utility and plant patents:
– The term is 20 years from the earliest U.S. filing date of the application or any U.S. application to which it claims benefit under 35 U.S.C. 120, 121, or 365(c).
– The foreign priority date is not used in this calculation.

For design patents:
– The term is 15 years from the date of grant.
– The filing or priority dates do not affect the term.

It’s important to note that while the foreign priority date doesn’t affect the patent term, it can affect the effective filing date for prior art purposes, which can be crucial for determining patentability.

Patent Term Adjustment (PTA) may be available to extend the term of a utility or plant patent due to delays in prosecution, but this is calculated based on the actual U.S. filing date, not the foreign priority date.

A divisional application’s patent term adjustment (PTA) is calculated independently from its parent application. The MPEP 201.06 provides guidance on this matter:

‘A divisional application will receive its own patent term adjustment under 35 U.S.C. 154(b), which will be calculated based on the prosecution of the divisional application itself.’

Key points to understand:

• The divisional application’s PTA is based solely on its own prosecution history
• Any delays or adjustments from the parent application do not affect the divisional’s PTA
• The PTA calculation starts from the filing date of the divisional application
• Applicants should monitor the prosecution of the divisional application to ensure accurate PTA calculation

For more information on patent term adjustment, refer to MPEP 2730.

To learn more:

• divisional application
• patent term adjustment
• PTA
• 35 U.S.C. 154(b)

To learn more:

• 35 U.S.C. 154(b)

A continuation-in-part (CIP) application can have a complex effect on patent term. The MPEP 201.08 states:

‘A continuation-in-part application is entitled to the benefit of the filing date of an earlier nonprovisional application as to common subject matter.’

This has several implications for patent term:

• 20-year term: The patent term is generally 20 years from the earliest effective U.S. filing date of the first nonprovisional application in the chain.
• New matter: Claims solely supported by new matter in the CIP do not receive the benefit of the earlier filing date, potentially extending their effective term.
• Priority claims: The ability to claim priority to earlier applications can affect the starting point of the 20-year term.
• Patent term adjustment: Delays in prosecution may lead to patent term adjustments, which can extend the term beyond 20 years.

Applicants should carefully consider the impact on patent term when deciding to file a CIP, especially for rapidly evolving technologies where a longer term might be advantageous.

For more information on new matter, visit: new matter.

For more information on patent term, visit: patent term.

For more information on patent term adjustment, visit: patent term adjustment.

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:

• continuation application
• patent term
• patent expiration
• patent term adjustment

A delayed submission of a benefit claim can have significant implications for patent term adjustment (PTA). According to MPEP 211.04:

“If a petition under 37 CFR 1.78 to accept an unintentionally delayed benefit claim is granted, the petition decision will notify applicant that the patent term adjustment statement in the notice of allowance may need to be revised if the patent issues on a date that is more than four months after the date the petition was filed.”

This means that if the petition is granted and the patent issues more than four months after the petition filing date, the patent term adjustment may need to be recalculated. The delay in submitting the benefit claim could potentially reduce the patent term adjustment, as it may be considered applicant delay under the PTA rules.

It’s important for applicants to be aware that delayed benefit claims can affect the overall patent term, potentially shortening the effective life of the patent.

To learn more:

• delayed benefit claim
• patent term adjustment
• PTA
• applicant delay
• petition

When an abandoned application is later revived, it retains its original filing date. The revival process effectively removes the abandonment status, allowing the application to continue prosecution. However, the period of abandonment may impact patent term adjustment calculations. For more information on revival procedures, refer to MPEP 711 and 37 CFR 1.137.

The time period for responding to a notice about an unlocatable file depends on whether it’s for an application or a patent:

• For applications: The USPTO typically sets a three-month period, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
• For patents: A six-month non-extendable period is set.

It’s important to note that for applications, as stated in the MPEP, If, however, an applicant fails to reply to a notice under 37 CFR 1.251 within three months of its mailing date, any patent term adjustment under 35 U.S.C. 154(b) will be reduced by a period equal to the number of days (if any) beginning on the day after the date that is three months after the mailing date of the notice under 37 CFR 1.251 and ending on the date the reply to the notice under 37 CFR 1.251 was filed.

To learn more:

• Response time
• USPTO notices
• Patent term adjustment
• Application procedures

The USPTO has specific rules regarding patent term adjustments when dealing with notices about unlocatable files. According to the MPEP:

If, however, an applicant fails to reply to a notice under 37 CFR 1.251 within three months of its mailing date, any patent term adjustment under 35 U.S.C. 154(b) will be reduced by a period equal to the number of days (if any) beginning on the day after the date that is three months after the mailing date of the notice under 37 CFR 1.251 and ending on the date the reply to the notice under 37 CFR 1.251 was filed.

This reduction in patent term adjustment is based on 35 U.S.C. 154(b)(2)(C)(ii) and 37 CFR 1.704(b). It’s important to note that this reduction applies even if the applicant responds within the overall six-month period allowed for reply (including extensions).

This policy underscores the importance of prompt action in response to such notices, as delays can directly impact the duration of patent protection.

For more information on patent term adjustment, visit: patent term adjustment.

The filing date of a divisional application can affect the patent term in several ways:

1. 20-year term: The 20-year patent term is calculated from the earliest U.S. filing date to which the divisional application claims priority. This means that the term of a patent issued on a divisional application will generally be shorter than that of its parent application.
2. Patent Term Adjustment (PTA): The divisional application may be eligible for PTA based on delays in its own prosecution, but not for delays in the prosecution of its parent application.
3. Terminal Disclaimer: If there’s a risk of obviousness-type double patenting, a terminal disclaimer may be required, potentially limiting the term of the divisional patent to that of the parent patent.

The MPEP 201.06(c) does not directly address patent term, but it’s important to consider these factors when filing a divisional application. For more details on patent term, refer to MPEP 2701.

For more information on Divisional application, visit: Divisional application.

For more information on patent term, visit: patent term.

For more information on patent term adjustment, visit: patent term adjustment.

Filing a delayed benefit claim can have significant implications for patent term adjustment (PTA). According to MPEP 211.04:

‘If a benefit claim is submitted later than the time period provided by 37 CFR 1.78, the patent will not be granted the earlier filing date unless a petition under 37 CFR 1.78 is granted. If the petition is granted, the patent term adjustment (PTA) may be reduced.’

This means that if your delayed benefit claim is accepted through a successful petition, it may result in a reduction of your patent’s term adjustment. The reduction in PTA is intended to balance the benefit gained from the earlier filing date against the delay in claiming that benefit.

To learn more:

• delayed benefit claim
• patent term adjustment
• PTA reduction

Claiming priority to a foreign application generally does not affect the term of a U.S. patent. The patent term is typically calculated from the actual U.S. filing date, not the foreign priority date.

For utility and plant patents:
– The term is 20 years from the earliest U.S. filing date of the application or any U.S. application to which it claims benefit under 35 U.S.C. 120, 121, or 365(c).
– The foreign priority date is not used in this calculation.

For design patents:
– The term is 15 years from the date of grant.
– The filing or priority dates do not affect the term.

It’s important to note that while the foreign priority date doesn’t affect the patent term, it can affect the effective filing date for prior art purposes, which can be crucial for determining patentability.

Patent Term Adjustment (PTA) may be available to extend the term of a utility or plant patent due to delays in prosecution, but this is calculated based on the actual U.S. filing date, not the foreign priority date.

A divisional application’s patent term adjustment (PTA) is calculated independently from its parent application. The MPEP 201.06 provides guidance on this matter:

‘A divisional application will receive its own patent term adjustment under 35 U.S.C. 154(b), which will be calculated based on the prosecution of the divisional application itself.’

Key points to understand:

• The divisional application’s PTA is based solely on its own prosecution history
• Any delays or adjustments from the parent application do not affect the divisional’s PTA
• The PTA calculation starts from the filing date of the divisional application
• Applicants should monitor the prosecution of the divisional application to ensure accurate PTA calculation

For more information on patent term adjustment, refer to MPEP 2730.

To learn more:

• divisional application
• patent term adjustment
• PTA
• 35 U.S.C. 154(b)

To learn more:

• 35 U.S.C. 154(b)

A continuation-in-part (CIP) application can have a complex effect on patent term. The MPEP 201.08 states:

‘A continuation-in-part application is entitled to the benefit of the filing date of an earlier nonprovisional application as to common subject matter.’

This has several implications for patent term:

• 20-year term: The patent term is generally 20 years from the earliest effective U.S. filing date of the first nonprovisional application in the chain.
• New matter: Claims solely supported by new matter in the CIP do not receive the benefit of the earlier filing date, potentially extending their effective term.
• Priority claims: The ability to claim priority to earlier applications can affect the starting point of the 20-year term.
• Patent term adjustment: Delays in prosecution may lead to patent term adjustments, which can extend the term beyond 20 years.

Applicants should carefully consider the impact on patent term when deciding to file a CIP, especially for rapidly evolving technologies where a longer term might be advantageous.

For more information on new matter, visit: new matter.

For more information on patent term, visit: patent term.

For more information on patent term adjustment, visit: patent term adjustment.

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:

• continuation application
• patent term
• patent expiration
• patent term adjustment