Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

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Entries in patent term calculator (1)


Patent Term Calculator Released by USPTO

The USPTO release a patent term calculator.  As its name suggest, the patent term calculator determines when a patent will expire.  The calculator is in the form of an Excel spreadsheet that is available for download.

The calculation is surprisingly complicated; the revised final rules in the federal register are available for viewing.  The term can be extended for the Office's delays: for example, when the USPTO takes longer than fourteen (14) months to examine initially an application.  The extension can be reduced when the applicant extends a deadline.

The patent term calculator should be used in several situations:

  1. When a patent issues, the notice of allowance will include a calculation of the extension.  Applicant's should confirm the USPTO's calculation so they can petition if an error is found;
  2. When calculating a license, the length of the patent most likely will affect the price of the license because the length of the license period is changed; and
  3. When a competitor is timing its entry into a market and the competitor does not want to commit an act of infringement before the patent has expired.

What Applicants should remember:

  1. Applicants may petition the USPTO if a mistake in the USPTO's term extension calculation is discovered; and
  2. Extensions of time when responding reduce the patent-term extension on a day-for-day basis.