How is the patent term calculated for design patents?
How is the patent term calculated for design patents?
The patent term for design patents is different from utility and plant patents. According to MPEP 2701:
“Design patents have a term of 15 years from the date of grant for applications filed on or after May 13, 2015, and 14 years from the date of grant for applications filed before May 13, 2015.”
This change in term was implemented by the Patent Law Treaties Implementation Act of 2012 (PLTIA). It’s important to note that unlike utility and plant patents, the term for design patents is calculated from the date of grant, not the filing date.
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Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2701 - Patent Term,
Patent Law,
Patent Procedure