What is the purpose of the extended availability requirement for biological deposits?

The purpose of the extended availability requirement for biological deposits is to ensure public access to the deposited material after the patent expires. The MPEP explains: The purpose of the requirement is to ensure that a deposited biological material necessary for the practice of a patented invention would be available to the public after expiration…

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How is the patent term affected by maintenance fees?

The payment of maintenance fees is crucial for maintaining the full term of a utility patent. According to MPEP 2504: “Subject to the payment of maintenance fees and any patent term extension, adjustment, or disclaimer, the patent term begins on the date the patent issues and ends 20 years from the date the application was…

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Are maintenance fees refundable if a patent expires early?

Generally, maintenance fees are not refundable if a patent expires early. The MPEP 2520 provides clear guidance on this matter: “37 CFR 1.366(g) provides that maintenance fees and surcharges relating thereto will not be refunded except in accordance with 37 CFR 1.26 and 1.28(a). A patentee cannot obtain a refund of a maintenance fee that…

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What factors should be considered when determining a patent’s expiration date for supplemental examination?

When determining a patent’s expiration date for supplemental examination purposes, several factors should be considered. According to MPEP 2808, these factors include: The term of the patent Whether maintenance fees have been paid Any disclaimers filed to shorten the patent term Patent term extensions or adjustments for delays within the USPTO under 35 U.S.C. 154…

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