Term Extensions or Adjustments for Delays Within the USPTO Under 35 U.S.C. 154

Utility and plant patents issuing on applications filed on or after June

8, 1995, but before May 29, 2000, are eligible for the patent term extension provisions of

former

35 U.S.C.

154(b)

and

37 CFR 1.701

. See

MPEP § 2720

. Utility and

plant patents issuing on applications filed on or after May 29, 2000 are eligible for the

patent term adjustment provisions of

35 U.S.C. 154(b)

(effective May 29,

2000 and amended thereafter) and

37 CFR 1.702

-

1.705

. See

MPEP

§ 2730

. See

Thomas D. Sykes v. Jon W. Dudas,

573 F. Supp. 2d 191, 89 USPQ2d 1423 (D.D.C. 2008).

Plant and utility patents issuing on applications filed before June 8,

1995 which have a term that is the greater of the “twenty-year term” (see

MPEP §

2701

) or seventeen years from patent grant are

not

eligible for term extension or adjustment due to delays in

processing the patent application by the United States Patent and Trademark Office.

Since the term of a design patent is not affected by the length of time

prosecution takes place, there are no patent term adjustment provisions for design patents.

The term “design patents” includes patents issued from design applications filed under

35 U.S.C.

111

and international design applications filed under

35 U.S.C.

385

.

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