Does anyone have a process flow-chart that they could send to me to use when determining whether an issued patent is still in force? The process includes at least:
- Calculate the original patent term — May be 20 years from fililing date or 17 years from issue date depending upon the timing of the application and issuance.
- Calculate any term adjustment for PTO delays (PTA +).
- Calculate any term adjustment for regulatory approval delays (PTE).
- Determine whether there are any terminal disclaimers and, if so, calculate the term of the linked-to patent.
- Determine whether patent term has been disclaimed for any other reason.
- Determine whether clams were eliminated or changed based on reexamination or reissue.
- Determine whether the patent has been found invalid or unenforceable by a court of law.
Thanks!
Dennis Crouch (dcrouch@patentlyo.com)
