What is patent term adjustment?
Patent term adjustment (PTA) is additional time added to a patent’s term to compensate for delays in patent issuance caused by the United States Patent and Trademark Office (USPTO). The adjustment is governed by 35 U.S.C. 154(b) and is calculated based on various types of delays specified in the statute. As stated in MPEP 2731:…
Read MoreAre provisional applications considered in calculating patent term?
No, provisional applications are not considered in calculating the patent term. The MPEP clearly states, Domestic benefit under 35 U.S.C. 119(e) to one or more U.S. provisional applications is not considered in the calculation of the twenty-year term. This means that the filing date of a provisional application does not affect the 20-year term of…
Read MoreWhat are the key differences in patent terms for applications filed before June 8, 1995?
What are the key differences in patent terms for applications filed before June 8, 1995? Patent applications filed before June 8, 1995, have different term rules compared to those filed on or after this date. According to MPEP 2701: “Patents (other than design patents) that were in force on June 8, 1995, or that issued…
Read MoreHow does claiming benefit of an international application affect the patent term?
How does claiming benefit of an international application affect the patent term? Claiming the benefit of an international application can affect the patent term in specific ways. According to MPEP 211.01(c): It should be noted that international applications, which designate the United States, are included in the definition of ‘national application’ in pre-AIA 35 U.S.C.…
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