How does the 14-year rule affect patent term extension?
The 14-year rule is a statutory limitation on patent term extension found in 35 U.S.C. 156(c)(3). According to MPEP 2758:
“The 14 year exception of 35 U.S.C. 156(c)(3) operates to limit the term of the extension in the present situation because it provides that the period remaining in the term of the patent measured from the date of approval of the approved product (…) when added to the period of extension calculated above (…) cannot exceed fourteen years.”
This means that if the remaining patent term after product approval plus the calculated extension period exceeds 14 years, the extension will be reduced so that the total does not exceed 14 years from the product approval date.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2758 - Notice Of Final Determination - Calculation Of Patent Term Extension,
Patent Law,
Patent Procedure