What is the difference between patent term extension and patent term adjustment?
Patent term extension and patent term adjustment are two distinct concepts in U.S. patent law, each applying to different time periods and situations:
- Patent Term Extension:
- Applies to utility and plant patents filed between June 8, 1995, and May 28, 2000
- Governed by former 35 U.S.C. 154(b) and 37 CFR 1.701
- Detailed in MPEP § 2720
- Patent Term Adjustment:
- Applies to utility and plant patents filed on or after May 29, 2000
- Governed by current 35 U.S.C. 154(b) and 37 CFR 1.702-1.705
- Detailed in MPEP § 2730
Both mechanisms aim to compensate patent holders for delays in patent prosecution, but they operate under different legal frameworks and calculation methods. Patent term adjustment is the more recent system, offering a more comprehensive approach to addressing various types of delays encountered during the patent examination process.
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