USPTO Revises Patent Term Extension Calculation

On May 15, 2014, the U.S. Patent and Trademark Office (USPTO) issued final rules revising the way patent term extensions are calculated for patents granted on or after January 14, 2013.  In accordance with § 1(h) of the AIA Technical Corrections Act, the USPTO revised the date from which the 14th-month patent term adjustment period is measured, and clarified the date from which the three-year patent term adjustment period with respect to international applications filed under the Patent Cooperation Treaty should be calculated.  The date from which the 14th-month patent term adjustment period and the date from which the three-year patent term adjustment period are measured is the same date; i.e., the application filing date under 35 U.S.C. § 111(a) or the date of the commencement of the national stage under 35 U.S.C. § 371.