Patent Law

Calculating Patent Term

By Dennis Crouch

Does anyone have a process flow-chart that they could send to me to use when determining whether an issued patent is still in force? The process includes at least:

1. Calculate the original patent term — May be 20 years from fililing date or 17 years from issue date depending upon the timing of the application and issuance. 
2. Calculate any term adjustment for PTO delays (PTA +).
3. Calculate any term adjustment for regulatory approval delays (PTE).
4. Determine whether there are any terminal disclaimers and, if so, calculate the term of the linked-to patent. 
5. Determine whether patent term has been disclaimed for any other reason.
6. Determine whether clams were eliminated or changed based on reexamination or reissue.
7. Determine whether the patent has been found invalid or unenforceable by a court of law.

Thanks!

Dennis Crouch (dcrouch@patentlyo.com)

Full post as published by Patently Obvious on June 05, 2010 (boomark / email).