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Adjusted Expiration is Anticipated Expiration + Term Extension and/or Adjustment. For example, see the first page of US-8566251-B2:
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The adjusted-expiration
has 96 days added on due to the term extension. But note – there is a terminal disclaimer. We do not know what is in that. So we tell you that there is one by adding a terminal-disclaimer
flag, but we cannot adjust the date without more information.
Similarly, the presence of a regulatory-extension
flag indicates that exploitation of a patent has been delayed by regulatory review (e.g., FDA review) or that a Supplementary Protection Certificate (SPC) has been issued for a patent.
IFI will combine extensions and adjustments if both are present. For example, in US-6740669-B1, we see a patent term adjustment (PTA):
Code Block | ||
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<term-of-grant>
<us-term-extension>801</us-term-extension>
</term-of-grant> |
as well as a patent . term extension (PTE):
Code Block | ||
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<office-specific-data>
<ustags>
<us-gazette>
<us-extensions>
...
<text>819 days</text> |
The two are combined in the IFI term extension:
Code Block | ||
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<ifi-integrated-content publication-type="G" accession-number="04072107" document-category="Utility" subject-area="Chemical">
<ifi-patent-status anticipated-expiration="20180608" regulatory-extension="yes" adjusted-expiration="20221114">
<ifi-patent-status-description country="US">Active</ifi-patent-status-description>
<ifi-term-extension>1620</ifi-term-extension> |
Litigation and actions such as appeal board reviews may also affect legal status. IFI has a blog post on this topic at The USPTO's PTAB is very busy - and why it matters.
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For tips on searching anticipated and adjusted expiration dates, see Tips for Searching the IFI Integrated DataSnapshots.
Warning |
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Note: IFI’s Adjusted Expiration Date and Patent Status Indicator are useful estimates, but should not be considered authoritative or final results. An attorney or the relevant patent office should be consulted for an authoritative expiration and status determination. |