How do continuing applications affect patent term?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. 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. The MPEP states, A patent granted on a continuation, divisional, or continuation-in-part application that was filed on or after June 8, 1995, will have a term which ends twenty years from the filing date of earliest application for which a benefit is claimed . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Term Is Twenty Years From Filing Date MPEP 2701 Patent Term Ends at 20 Years from Earliest Priority Date for Post-1995 Continuations MPEP 2701 Term Ends at 20 Years From Filing Date MPEP 2701 Patent Term Ends at US Filing Date MPEP 2701 Term of Patent Is 20 Years From Filing Date MPEP 2701 Required Term Is Greater of Seventeen Years from Grant or Twenty Years from Filing MPEP 2701 Patent Term Begins on Issuance and Ends at 20 Years From Filing MPEP 2701 Patent Term Extension Separate from Section 154 MPEP 2701 Permitted Terminal Disclaim Date Before June 8, 1995 MPEP 2701 Priority Not Considered in Patent Term Determination MPEP 2701 Prohibited Other Related FAQs 5 FAQs Collapse How is the patent term calculated for design patents? How long is the term for design patents? How does foreign priority affect patent term? What are patent term extensions and adjustments? What are the key differences in patent terms for applications filed before June 8, 1995?