[1][2][3] The patent term in the United States was changed in 1995 to bring U.S. patent law into conformity with the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as negotiated in the Uruguay Round.
In 1861 the seven-year extension was eliminated and the term changed to seventeen years (12 Stat.
Its intention is to accommodate for delays caused by the USPTO during the prosecution of a US patent application.
The delays are broadly classified into 4 types: Calculation: Even if the scope of a patent is narrowed, neither reissue nor reexamination changes the original expiration date.
The reexamined patent is in force until January 1, 2020, assuming payment of all maintenance fees.
Merck & Co., Inc. v. Hi-Tech Pharmacal Co., Inc.[11] ruled that patents extended under Hatch-Waxman are still eligible to URAA[clarification needed] term extension.
However, patents in force on June 8, 1995, solely because of the Hatch-Waxman term adjustment are not eligible.
Under some conditions, the second patent might expire later than the first (based upon the respective earliest claimed priority dates).
Thus, if the enumerated conditions are satisfied, the patentee is entitled to a term extension calculated pursuant to Section 156.
Teva's motion to dismiss was consequently denied because "a terminally disclaimed patent is eligible for extension under [Section] 156."
The case is interesting because the patentee in the first instance had expressly disclaimed term subsequent to 2003 to get the patent granted.