How does the Uruguay Round Agreements Act affect patent terms?
How does the Uruguay Round Agreements Act affect patent terms?
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.
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Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2701 - Patent Term,
Patent Law,
Patent Procedure