Chapter 2700 Flashcards
What are the patent terms on utility patents?
20 year term, measured from the filing date of the earliest US application to which priority is claimed (excluding provisional applications)
What are the patent terms on design patents?
14 year term, measured from the date of patent grant
If a notification of any patent term adjustment does not seem accurate, then what can be done?
the applicant may request reconsideration within 2 months after the PO issues the Notice of Allowance
OR
the applicant may file a civil action against the Director in the US District Court for the Eastern District of Virginia within 180 days after the grant of the patent
For which PO delay reasons are terms of patents adjusted?
The PO fails to initially act on an application within 14 months of its filing date
The PO fails to respond to a reply or appeal by an applicant within 4 months of the reply/ appeal
The PO fails to act on an application within 4 months of a Board or court decision in an application containing allowable claims
The PO fails to issue a patent within 3 years of its filing date
Total pendency exceeding 3 years
What are other delays related to interferences and appeals?
If issuance of a patent was delayed due to imposition of a secrecy order
If issuance of a patent was delayed due to an interference proceeding
If issuance of a patent was delayed due to successful appellate review
