Which American patents can extend the patent term?
The U.S. Patent Law 1952 was revised and passed in writing on July 9, 2002, and has undergone three major revisions: 1975, 1984 and 1999. At present, the term of American patents takes effect from the date of authorization to the end of 20 years from the earliest application date; In addition, the patent law of the United States stipulates some statutory conditions, under which the patent term can be adjusted and extended. Originally, the patent law of the United States stipulated that the patent period was 17 years from the date of authorization. After the Uruguay Round of GATT reached an agreement in 1994, the United States amended the patent law in 1999, and changed the patent period to 20 years from the date of application. According to the provisions of the patent law of the United States, for a patent granted after filing a patent application before June 8, 1995, or a patent still valid on June 8, 1995, the patent right shall terminate on the longer of "application date +20 years" and "authorization date+17 years". In order to compensate for the time limit for patent seeking administrative license, the United States began to implement the second part of the Law on Drug Price Competition and Patent Time Limit Compensation on 1984. This article extends the patent life to compensate the patentee for developing new products and waiting for the government's permission, and is applicable to the patent for protecting medicines, medical devices, foods or pigment additives used by human beings. 1988, the American Animal Imitation Drugs and Patent Term Compensation Act came into effect. This law extends the provisions of patent term compensation to the field of animal drugs. 65438+1The Uruguay Round Agreement Act, which came into effect on June 8, 1995, changed the life span of American patents. For patents granted before this date, the patent validity will continue for 17 years from the date of authorization. Thereafter, the life of the granted patent shall be extended by 20 years from the date of filing. However, for medical patents that need to seek marketing permission, this is not the actual patent life. According to the patent term compensation system in the United States, a patent can be extended for up to five years. But in any case, the patent life of the product shall not exceed 14 years from the date of obtaining the administrative license. After obtaining the above license, if the patent life reaches or exceeds 14 years, then the patent life cannot be compensated.