How does claiming benefit of an international application affect the patent term?
How does claiming benefit of an international application affect the patent term?
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.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure