§ 154 to provide for applications filed after Jthat the term of a patent begins on the date that the patent issues and ends on the date that is twenty years from the date on which the application was filed in the U.S. Because the term was measured from the filing date of the application and not the grant date of the patent, Congress amended 35 U.S.C.
Since the term of a patent for utility/plant patent(s) is no longer based upon a term fixed at grant, the number of factors that must be considered increase the difficulty in calculating the term of a patent. Quick Guide to Locating Patent Term Information on the USPTO Web Siteįactors to Consider for Patent Term Calculations The following document is provided to assist you in locating information required for estimating a patent term expiration date: Guide to Locating Information Required for Estimating a Patent Term Expiration Date For advice in a particular case, a registered patent practitioner or attorney should be consulted. Additional patent term may also be privately granted by an Act of Congress, and court decisions may establish patent expiration dates that are not reflected in USPTO records.įor questions on patent term, USPTO's Office of Patent Legal Administration help line at 57 is available as a resource. One such source is the FDA's Orange Book for Approved Drug Products with Therapeutic Equivalence Evaluations which includes patent expiration dates, some of which may include periods of exclusivity administered by the FDA that add onto patent term. Other sources of patent term data may exist that are not maintained by the USPTO. It is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees or agents, or any other person.
It does not provide a determination of any kind by USPTO. It was developed based on assumptions that may or may not apply in a particular case. This calculator is only an educational tool. The calculations are unaltered from the prior version. Includes technical updates to eliminate a macro overlap problem for some power users of Microsoft Excel and clarifies some instructions.
> Right Click to Download Patent Term Calculator (last update April 4, 2018) Do not try to use the file by simply clicking on it and opening it using a viewer embedded in your web browser - the calculator will not work properly unless the file has been saved locally and opened in MS Excel software. Please enable macros in order to use all features of the calculator. Creating additional local copies or renaming the files will not alter the calculations.
Checking registration status & viewing documents.Checking application status & viewing documents.Madrid Protocol & international protection.