Patent Corrections And Patent Term Adjusting

As of November 5, 2020, a new Federal Law for the Protection of Industrial Property (IPPL) will supersede the current Industrial Property Law (IPL). The IPPL provides new rules regarding patent correction and a new legal figure which will allow patent owners to request a correction of their patent term due to delays of the Patent Office during its prosecution.

These new provisions will only apply to patents that are prosecuted and granted after November 5, 2020. Therefore, it is important to have in mind both laws when analyzing which regulations apply.

According to Article 61 of the IPL, the text or drawings of a granted patent may only be amended by the patent owner in the following circumstances: