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Simple English definitions for legal terms
patent-term extension
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A quick definition of patent-term extension:
A patent-term extension is when the time a patent is valid is made longer. This is done to make up for any delays that happened during the process of getting the patent. It applies to certain types of patents issued between 1995 and 2000 and can add up to five years to the patent's lifespan.
A more thorough explanation:
Patent-term extension is a process of extending the time period for which a patent remains valid. This extension is given to inventors to compensate for the time lost due to administrative delays such as interferences, secrecy orders, or appeals.
The extension applies to utility and plant patents issued after June 7, 1995, and before May 29, 2000. The maximum length of the extension is five years.
Suppose an inventor filed a patent application in 1996, and the patent was granted in 1999. However, due to administrative delays, the patent was not issued until 2001. In this case, the inventor can apply for a patent-term extension of up to five years to compensate for the time lost due to administrative delays.
Another example could be an inventor who filed a patent application in 1998, and the patent was granted in 2001. However, the inventor faced an interference proceeding that delayed the issuance of the patent until 2003. In this case, the inventor can apply for a patent-term extension of up to five years to compensate for the time lost due to the interference proceeding.
These examples illustrate how patent-term extension works and how it can benefit inventors who face administrative delays in the patent issuance process.