What factors determine a utility patent’s expiration date?
According to MPEP 2211, several factors determine a utility patent’s expiration date:
- The term of the patent
- Payment of maintenance fees
- Any disclaimer filed to shorten the patent term
- Patent term extensions or adjustments for delays within the Office under 35 U.S.C. 154 (see MPEP § 2710, et seq.)
- Patent term extensions available under 35 U.S.C. 156 for premarket regulatory review (see MPEP § 2750 et. seq.)
The MPEP also notes that “Any other relevant information should also be taken into account.“
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2211 - Time For Requesting Ex Parte Reexamination Under 35 U.S.C. 302,
Patent Law,
Patent Procedure