What are patent term extensions and adjustments?
Patent term extensions and adjustments are mechanisms to extend the term of a patent beyond the standard 20-year period. There are two main types:
- Patent term adjustments under 35 U.S.C. 154 for delays within the USPTO. These apply to utility and plant patents issuing from applications filed on or after June 8, 1995.
- Patent term extensions under 35 U.S.C. 156 for premarket regulatory review.
The MPEP notes, The patent term extension that may be available under 35 U.S.C. 156 for premarket regulatory review is separate from and will be added to any extension that may be available under former and current 35 U.S.C. 154
. For detailed information, refer to MPEP § 2710 et seq. for adjustments and MPEP § 2750 et seq. for extensions.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2701 - Patent Term,
Patent Law,
Patent Procedure