A patent-term extension is a means of extending the validity period of a patent to compensate for any delays encountered during the patent application process. This extension is applicable to specific patents issued between 1995 and 2000 and has the potential to increase the patent’s lifespan by up to five years.
Patent-term extension is the process of prolonging the validity period of a patent. This extension is granted to inventors to make up for time lost due to administrative delays such as interferences, secrecy orders, or appeals. It applies to utility and plant patents issued after June 7, 1995, and before May 29, 2000, with a maximum extension of five years. For example, if an inventor filed a patent application in 1996 and the patent was granted in 1999 but not issued until 2001 due to administrative delays, they can apply for a patent-term extension. Similarly, if an inventor faced an interference proceeding that delayed the issuance of their patent until 2003, they can also apply for a patent-term extension. These examples demonstrate how patent-term extension can benefit inventors dealing with administrative delays in the patent issuance process.
A patent-term extension is a legal mechanism that allows the owner of a patent to extend the term of the patent beyond its original expiration date.
The purpose of a patent-term extension is to compensate the patent owner for the time lost during the regulatory approval process for a new drug or medical device.
Only patents for certain types of products, such as drugs and medical devices, are eligible for a patent-term extension.
A patent-term extension can last up to five years, but the length of the extension depends on the length of time it took to obtain regulatory approval for the product.
To apply for a patent-term extension, the patent owner must submit an application to the U.S. Patent and Trademark Office (USPTO) within a certain time frame.
The deadline for filing a patent-term extension application is within 60 days of the product receiving regulatory approval.
The cost of filing a patent-term extension application varies depending on the type of product and the length of the extension being sought.
No, a patent-term extension cannot be granted retroactively. The extension only applies to the time period after the patent has expired.
Yes, a patent-term extension can be challenged by third parties who believe that the extension was granted improperly.
When a patent-term extension expires, the patent returns to its original expiration date and the product becomes available for generic competition.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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