How does the Uruguay Round Agreements Act affect patent terms?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. The Uruguay Round Agreements Act (URAA) had a significant impact on patent terms in the United States. As explained in MPEP 2701 : “The 20-year patent term presented in 35 U.S.C. 154(a)(2) is not applicable to all patents. The 20-year term applies only to patents issued on applications filed on or after June 8, 1995, the effective date of the Uruguay Round Agreements Act (URAA).” Key effects of the URAA on patent terms include: Introduction of the 20-year patent term from the earliest effective U.S. filing date Alignment of U.S. patent law with international standards Elimination of submarine patents by basing the term on the filing date rather than the issue date Creation of transitional provisions for applications filed before June 8, 1995 This act represents a significant shift in U.S. patent law, bringing it more in line with international practices and addressing concerns about indefinite patent terms. 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 US Filing Date MPEP 2701 Design Patents Have a 15-Year Term from Grant MPEP 2701 Patent Term Begins on Issuance and Ends at 20 Years From Filing MPEP 2701 Terminal Disclaim Date Before June 8, 1995 MPEP 2701 Term for Pre-GATT Patents Is the Greater of 20 Years or 17 Years from Grant MPEP 2701 Term Ends at 20 Years From Filing Date MPEP 2701 Patent Term Extension Separate from Section 154 MPEP 2701 Permitted Patent Terms Reduced by Terminal Disclaimers MPEP 2701 Term of Patent Is 20 Years From Filing Date MPEP 2701 Required Other Related FAQs 5 FAQs Collapse How do continuing applications affect patent term? How is the patent term calculat...