Page tree

Versions Compared

Key

  • This line was added.
  • This line was removed.
  • Formatting was changed.

...

Adjusted Expiration is Anticipated Expiration + Term Extension and/or Adjustment. For example, see the first page of US-8566251-B2:

...

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
languagexml
<term-of-grant>
  <us-term-extension>801</us-term-extension>
</term-of-grant>

as well as a patent term extension (PTE):

Code Block
languagexml
<office-specific-data>
  <ustags>
    <us-gazette>
      <us-extensions>
      ...
        <text>819 days</text>

The two are combined in the IFI term extension:

Code Block
languagexml
<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.  

...