How does claiming benefit of an international application affect the patent term?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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. Claiming the benefit of an international application can affect the patent term in specific ways. According to MPEP 211.01(c) : It should be noted that international applications, which designate the United States, are included in the definition of ‘national application’ in pre-AIA 35 U.S.C. 154(a)(2). This means that for patents subject to the 20-year term provision of pre-AIA 35 U.S.C. 154(a)(2), the 20-year term begins on the international filing date of the international application. However, it’s important to note that the MPEP 2701 provides more detailed information on patent term calculations, including adjustments and extensions that may apply. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Term Begins on Issuance and Ends at 20 Years From Filing MPEP 2701 Patent Term Ends at US Filing Date MPEP 2701 National Application Entitled to International Filing Date MPEP 211.01(c) Required Claiming Benefit of Prior Filed Provisional Application MPEP 211 Permitted Claiming Benefit of Prior Applications MPEP 211 Permitted Bypass Application for International Filing Date MPEP 211.01(c) Permitted Claiming Benefit of AIA Effective Date MPEP 211 Required Claiming Benefit of Common Ownership for Patentably Indistinct Claims During Reexamination MPEP 211 Patent Term Is Twenty Years From Filing Date MPEP 2701 PCT International Application Filing Before November 29, 2000 MPEP 211 Other Related FAQs 5 FAQs Collapse What happens if an international application designating the US is published in a language other than English? What is the significance of the &#8216;right of priority&#8217; in international patent applications? What are the requirements for claiming be...