Patent expiration


#1 Sep 20, 2010
I have heard conflicting opinions on this issue and, hopefully, someone can provide me with a conclusive answer:

1) A patent application was filed in 1991,
2) A patent was issued in 1993,

Can anyone please inform me if this is a 17 or 20 year term and when it expires?

Also, what is a terminal disclaimer and can this extend a term?


#2 Oct 25, 2010
For patents filed prior to June 8, 1995, the term of patent is either 20 years from the earliest claimed filing date or 17 years from the issue date, whichever is longer. Extensions may also be had for various administrative delays.(The exact date of termination may be zealously litigated, especially where daily profits from a patent amount to millions of dollars, e.g., pharmaceuticals.)

For terminal disclaimer, please see: .

To answer your question if a terminal disclaimer can extend a term, the answer is no. If you asked, however, "Can a term of a claim that was subject to a terminal disclaimer be extended?", then the answer is yes.

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Patent / Trademark Law Discussions

Title Updated Last By Comments
News Patent-Law Change Would Raise Medical Costs 8 hr fatbacksx 1
Patent Attorney Services (Oct '13) Aug 17 Regina Peterson 3
Cease and Desist Letter Jul '15 Anonymous 1
News Lawyer Who Started Fight Over 'R-Word' Mascot A... Jun '15 Elise 1
Implicit acceptance of trademark infringement May '15 AndyS1967 1
News Decision on Asian-American band's name is wrong Apr '15 Ainu 1
Do it yourself, if fail, then patent lawyer? (Oct '12) Mar '15 calebhart54 4
More from around the web