Are there any limitations on patent term extensions for applications filed between June 8, 1995, and May 28, 2000?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, there are several limitations on patent term extensions for applications filed between June 8, 1995, and May 28, 2000. According to MPEP 2720:

• The total duration of all extensions cannot exceed 5 years.
• Extensions for successful appeals are limited to patents not subject to a terminal disclaimer.
• The period of extension will be reduced by any time attributable to appellate review within three years of the filing date of the first national application for patent.
• The period of extension for appellate review will be reduced by any time during which the applicant did not act with due diligence.

As stated in the MPEP: “The period of extension will be reduced by any time attributable to appellate review within three years of the filing date of the first national application for patent, and the period of extension for appellate review will be reduced by any time during which the applicant did not act with due diligence.”