Expiration of Patent

  • Patents Expire 20 Years From First Non-Provisional Asserted Priority Application, Plus Any Term Extension: Patents filed after June 8, 1995, expire 20 years after earliest non-provisional U.S. or PCT priority application they cite. 35 U.S.C. § 154(a)(2) (“ending 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application or applications under section 120, 121, 365(c), or 386(c), from the date on which the earliest such application was filed.”); 35 U.S.C. § 154(a)(3) (“Priority under section 119, 365(a), 365(b), 386(a), or 386(b) shall not be taken into account in determining the term of a patent.”) [Sec. 119(e) governs priority to provisional application.]
  • Multiple Grounds For Extension Of Patent Term: Patent Office may extend term under Sec. 154(b) or 156. May be extended for time spent on appeal, or delayed response by PTO, a regulatory review period, etc. See Actelion (Fed. Cir. 02/06/18) (aff’g district court approval of PTO extension calculation under 154(b): provisions “only restore ‘undue delays in patent examination caused by the PTO’ as provided by Congress”).