What are the legal provisions for patent term adjustments filed after May 29, 2000?
For utility and plant patents filed on or after May 29, 2000, the legal provisions for patent term adjustments are:
- Statutory Basis: 35 U.S.C. 154(b) (effective May 29, 2000 and amended thereafter)
- Implementing Regulations: 37 CFR 1.702 – 1.705
As stated in the MPEP: “Utility and plant patents issuing on applications filed on or after May 29, 2000 are eligible for the patent term adjustment provisions of 35 U.S.C. 154(b) (effective May 29, 2000 and amended thereafter) and 37 CFR 1.702 – 1.705.”
These provisions allow for adjustments to the patent term based on various types of delays that occur during the prosecution of the patent application. For detailed information on how these adjustments are calculated and applied, refer to MPEP § 2730.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2710 - Term Extensions Or Adjustments For Delays Within The Uspto Under 35 U.S.C. 154,
Patent Law,
Patent Procedure