US

Question 1

Patent Term Adjustment

Answer 1

The term of the US patent is extended if USPTO delays processing of the application.
One day extension per one day delay

Fails to
- issue a first OA or notice of allowance within 14mo of filing application
-issue a OA within 4 mo of applicant’s response
- Issue the patent within 4 mo from payment of issue fee
- Issue a patent within 3 years from filing date + provisos
-Delays due to interference proceedings, secrecy order and successful appeals

Term is reduced if applicant takes extensions of time

Question 2

Patent Term Extension

Answer 2

Allows term extension for drugs, medical devicses, additives which are FDA regulated

Up to 5 years extension - provided that total marketing life does not exceed 14 years

Must apply within 60 days of marketing approval or grant of patent, whichever is later.

Question 3

Renewal fees

Answer 3

3.5, 7.5 and 11.5 years after grant
Surcharge if paid 6mo after due date
No pre-grant renewal fees

Question 4

Small entity status

Answer 4

50% reduction in various fees
Independent inventor/individual
Business less than 500 people
Non-profit organisations

Only available if applicant has not assigned, granted, conveyed or licenses any rights in the invention to any non-small entity and not under any contractual obligation to do so

Penalty - uneforceable, fraud