1

Let me starts with an example:

US 7598276 B2 was filed on Nov 7, 2006 having 1 day of PTA.

US 8557852 B2 was filed on Aug 28, 2009 which is division of '276 with 546 days of PTA.

There is no terminal disclaimer filed:

what should be the expiry.

Nov 7, 2026

or

Nov 7, 2026 + 546 days of PTA?

This is certainly different from : Parent patent expired due to non-payment - are issued continuations still valid?

1

The answer is: Continuing applications die 20 years after their parents application date: So it is 7th November 2026.

See here for more details: Parent patent expired due to non-payment - are issued continuations still valid?

  • How about divisional patents? Same? – Rahul Patel Mar 15 '16 at 8:09
  • Yes indeed also for divisionals – zip Mar 15 '16 at 9:08
  • I think you are wrong. If divisional due to restriction requirement is having different effect. patentdocs.org/2015/06/… – Rahul Patel Mar 15 '16 at 11:39
  • I don't know where in the cited article you get that information from. Could you specify? I can't see why a restriction would change anything to the entitlement to the benefit of the filing date of the original application as conferred by 35 U.S.C. 121. It is in the nature of a divisional that it runs from the filing date of the parent. It would be no divisional otherwise. There could be exceptions, but those would be due to an extension of patent term (35 U.S.C. 156, e. g. for pharmaceuticals). – zip Mar 15 '16 at 14:15
  • I never doubted the entitlement of the filing date. I am talking about the term that is extending beyond the expiry of parent patent due to patent term adjustment and I think it is perfectly ok. – Rahul Patel Mar 16 '16 at 3:30

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