What are the key differences in patent terms for applications filed before June 8, 1995?
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.
Patent applications filed before June 8, 1995, have different term rules compared to those filed on or after this date. According to MPEP 2701:
“Patents (other than design patents) that were in force on June 8, 1995, or that issued on an application that was filed before June 8, 1995, have a term that is the greater of the ‘twenty-year term’ or seventeen years from the patent grant.”
This means that for these older patents:
- The term is calculated as the longer of:
- 20 years from the earliest effective U.S. filing date, or
- 17 years from the patent grant date
- The patent holder gets the benefit of whichever calculation results in a longer term
- This rule does not apply to design patents
This provision ensures that patents filed before the change in law are not disadvantaged by the new term calculation method.