Patent Term Adjustment Defined

Terms of patent protection may be adjusted under certain circumstances.

Patent terms were originally set in Title 35 of the United States Code. Subsequent legislation has been passed to allow the adjustment of patent terms to afford full protection to inventors.

History

Before 1995, patent law declared the length of patent protection for utility and plant patents to be 17 years from the granting of the patent. Article 33 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement required the United States to promise protection concluding "no earlier than 20 years from the date the application was filed," according to the United States Patent and Trademark Office (USPTO).

Function

The American Inventors Protection Act of 1999 contained provisions allowing for the adjustment of patent terms under specific circumstances. These include delays due to secrecy orders, interference proceedings and delays caused by the Patent Office. For example, if the USPTO fails to take action on an application within 14 months of its filing date, the term may be eligible for adjustment.

Considerations

There is a limit to the possible adjustment of patent terms. According to the USPTO, "the period of any adjustment...shall not exceed the actual number of days the issuance of the patent was delayed." There is a five year cap on most patent term extensions.

References

• United States Patent and Trademark Office: Patent Term Guarantee Overview
• United States Patent and Trademark Office: Simplification of Patent Term Adjustment
• United States Patent and Trademark Office: Title 35 US Code