How does a terminal disclaimer affect patent term?
A terminal disclaimer affects the patent term by disclaiming the terminal part of the statutory term of a patent, which would extend beyond the expiration date of an earlier patent or application. This effectively shortens the enforceable term of the later patent to expire at the same time as the earlier patent. According to the…
Read MoreHow does a reissue affect the patent term?
How does a reissue affect the patent term? A reissue does not extend or alter the original patent term. According to MPEP 1460: “The maximum term of the original patent is fixed at the time the patent is granted. While the term may be subsequently shortened, e.g., through filing of a terminal disclaimer, it cannot…
Read MoreWhat happens to the expiration date of a provisional patent application if it falls on a weekend or holiday?
If the 12-month pendency period of a provisional patent application expires on a weekend or federal holiday, it is extended to the next business day. According to MPEP 710.05: “The period of pendency of a provisional application will be extended to the next succeeding secular or business day which is not a Saturday, Sunday, or…
Read MoreHow does a reissue application affect the original patent’s term?
A reissue application does not affect the original patent’s term. According to MPEP 201.05, ‘The reissue application is a continuation of the original application and the reissue patent will expire at the same time that the original patent would have expired.’ This means that: The term of the reissue patent remains the same as the…
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