How long can an interim extension last?

According to MPEP 2755.01, interim extensions can be granted for periods of up to one year each. The MPEP states: “The length of any interim extension is discretionary with the Director so long as it is for one year or less. Its length should be set to provide time for completion of any outstanding requirements.“…

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How does foreign priority affect patent term?

Foreign priority does not affect the calculation of patent term in the United States. As stated in the MPEP, Foreign priority under 35 U.S.C. 119(a)-(d), 365(a), 365(b), 386(a), or 386(b) is not considered in determining the term of a patent. This means that the 20-year term is calculated from the U.S. filing date, not the…

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When should subsequent applications for interim extension be filed?

For subsequent applications for interim extension, the filing window is different from the first application. According to MPEP 2754.02: “Each subsequent application for interim extension must be filed during the period beginning sixty days before and ending thirty days before the expiration of the preceding interim extension.” This means that for any interim extension after…

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What is the filing window for a first application for interim extension under 35 U.S.C. 156(d)(5)?

The filing window for a first application for interim extension under 35 U.S.C. 156(d)(5) is specified in the MPEP. According to MPEP 2754.02: “A first application for interim extension under 35 U.S.C. 156(d)(5) (to extend the patent term before product approval) must be filed within the period beginning six months and ending fifteen days before…

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How long is the term for design patents?

The term for design patents varies based on the filing date: For design patents issued from applications filed before May 13, 2015: 14 years from the date of patent grant. For design patents issued from applications filed on or after May 13, 2015: 15 years from the date of patent grant. This change is due…

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How do continuing applications affect patent term?

For continuing applications (continuations, divisionals, or continuations-in-part) filed on or after June 8, 1995, the patent term ends 20 years from the filing date of the earliest application to which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c). This is true even if the earlier application was filed before June 8, 1995.…

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