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 More

How 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 More

What rights does a plant patent grant?

A plant patent grants the holder specific rights as outlined in 35 U.S.C. 163: “In the case of a plant patent, the grant shall include the right to exclude others from asexually reproducing the plant, and from using, offering for sale, or selling the plant so reproduced, or any of its parts, throughout the United…

Read More

How does withdrawing a patent application from issue affect the patent term?

Withdrawing a patent application from issue can potentially affect the patent term in several ways: If the withdrawal leads to continued examination, it may result in patent term adjustment (PTA) under certain circumstances. The filing of a Request for Continued Examination (RCE) stops the accrual of “B delay” for PTA purposes. If the withdrawal results…

Read More

What is the term of a design patent?

The term of a design patent depends on when the application was filed: For design applications filed on or after May 13, 2015, the term is 15 years from the date of grant. For design applications filed before May 13, 2015, the term is 14 years from the date of grant. This change was implemented…

Read More