Are design patents eligible for patent term adjustment?
No, design patents are not eligible for patent term adjustment. According to MPEP 2751:
“The patent term adjustment provisions of 35 U.S.C. 154(b) as amended by the American Inventors Protection Act of 1999 apply to original utility and plant patents issuing on applications filed on or after May 29, 2000.“
This statement explicitly mentions utility and plant patents, excluding design patents from eligibility for patent term adjustment. Design patents have a fixed term of 15 years from the date of grant and are not subject to the same adjustment provisions as utility and plant patents.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2751 - Eligibility Requirements,
Patent Law,
Patent Procedure