List of expiration dating of drug patents
Within one year of filing a patent application in one country, an international patent application (which "designates" certain other countries, by default all contracting states) can be made.This holds the original priority date and starts the 20-year validity clock, while allowing the actual patent application in the designated countries (and the associated expenses) to be deferred an additional 20 months. Even if the scope of a patent is narrowed, reexamination does not change the original expiration date.
However, the holding of this case does not apply to Patent Term Adjustment granted under 35 U. Here too, the first company (Merck) had filed a standard form terminal disclaimer. ruled that patents extended under Hatch-Waxman are still eligible to URAA term extension.Patents whose parents received extensions were eligible to file to receive a similar extension, because the claims they depended on were still protected.This has been discussed in the Manual of Patent Examining Procedure. 156(a), the term of a patent "shall be extended" after a series of provisions are satisfied.The total PTA is an addition to the 20-year lifespan of a US patent.The delays are broadly classified into 4 types: The Patent Cooperation Treaty provides a process for a patent filing to claim the priority date of an earlier foreign patent application.For example, an applicant's patent A expires on December 24, 2000.
The applicant filed another patent application two years later.
A terminal disclaimer is a process by which a patent's term is shortened because it duplicates the claims of another patent which expires sooner.
If any claim of a pending patent application is obvious in light of at least one claim of the applicant's issued patents, the applicant may be required by the USPTO to disclaim a part of the term of the pending application.
The USPTO issues a more restricted patent on January 1, 2004.
The reexamined patent is in force until January 1, 2020, assuming payment of all maintenance fees.
Such a patent would expire earlier than 20 years after U. A reexamined patent expires on the day the original granted patent would have ordinarily expired.