1. XNUMX.Introduction

Looking at the patent gazette, various dates come out.
For example, filing date, publication date, registration date, (publication) issue date, ...

This time, we will use these dates to look at the "duration", which is often a concern when looking at a patent right and is a guide for determining whether or not the patent right is still in existence.

2.Is the patent right for 20 years?

I think many people have heard that patent rights are valid for "20 years".
The term of the current Japanese patent is stipulated to end in principle "20 years from the filing date". (Patent Law Article 67)

Example)
　　Patent filing date: January 2000, 1
　　　　　↓ +20 years
　　Patent expiration date: January 2020, 1

However, since the patent right becomes effective after the setting registration is made (registration date) after the examination is conducted and the patent is granted, the actual effective period (duration) is shorter than 20 years. ..

Example)
　　Patent filing date: January 2000, 1
　　Patent registration date: January 2003, 1
　　　　↓ Validity period (duration): 17 years
　　Patent expiration date: January 2020, 1

The fact that this term ends "20 years from the filing date" is the same for patents in the United States (applications after June 1995, 6) and Europe (EPC).

In addition, the right may have been canceled in the middle of this period due to reasons such as non-payment of the pension, so check the progress information in addition to the date.

3. 20.It can last for more than XNUMX years

I wrote earlier that "20 years from the date of application in principle", but of course there are "exceptions".
Each country has a system to extend the term of life, and in Japan, "extension of the term of patent rights for pharmaceutical products, etc." (Patent Law, Article 67, Paragraph 4) is famous.

In some fields such as pharmaceuticals, it takes a long time to comply with laws and regulations aimed at ensuring safety (for example, clinical trials and approval examinations of pharmaceuticals under the Pharmaceutical Machinery Law).Then, even if the patent right exists during this period, the patented invention such as sales cannot be implemented until the regulation is cleared (manufacturing approval date or other disposal date), and the patent right can be used for a period of time. The problem is that it gets shorter.
"Extension of the term of patent right for pharmaceutical products, etc." is for this problem. If there is a period during which the patented invention could not be worked due to these dispositions, the term will be limited to 5 years. In addition, it is a system that allows you to apply for an extension.

Example)
　　Patent filing date: January 2000, 1
　　Submission of clinical trial plan notification: January 2002, 1
　　Patent registration date: January 2003, 1
　　　　｜ Patent right, but period during which the invention cannot be implemented (drugs are sold) (7 years)
　　Manufacturing certification date: January 2010, 1
　　　　｜ Period during which the patent right can be used before extension (10 years)
　　Patent expiration date before extension: January 2020, 1
　　　　↓ Extension period of patent right by application for extension registration (5 years)
　　Patent expiration date after extension: January 2025, 1

This system also exists in the United States and Europe (EPC), and is also known in Japan as the US "Patent Term Extension" system (PTE) and the EPC "Supplementary Protection Certificate" system (SPC). Has been done.Both can be extended for up to 5 years (EPC can be extended further by using the "extension for pediatric drugs" system).

In addition, the number of extensions and the target technical fields of these systems differ slightly depending on the country / region.

Four.Is there an extension system other than pharmaceuticals?

Regarding the US patent system, if the issuance of a patent is delayed due to a delay in the examination of the USPTO, there is a system in which the number of days is added to the duration and adjusted.
This system is called "Patent Term Adjustment (PTA)".
When the duration of a US patent was originally changed from the old system "17 years from the patent grant date" to the current system "20 years from the filing date", the PTA was liable to the right holder, such as delaying the examination of the USPTO. If the issuance of a patent is delayed due to unforeseen reasons, there is a problem that the previous 17-year term cannot be secured, and this system was established to compensate for this.

Example)
　　Filing date: January 2001, 1
　　PTA days: 700 days (total number of USPTO procedure delays)
　　Registration date: January 2006, 1
　　　　｜ Duration before adjustment (15 years)
　　Expiration date before adjustment: January 2021, 1
　　　　 ↓ Adjustment period by PTA (700 days)
　 　Adjusted Expiration Date: December 2022, 12

The number of PTA days is also stated on the front page of the gazette as well as the date related to the patent, but in the past CAFC said that there was an error in the PTA calculation method of the USPTO, and the calculation method of the adjustment period was changed. There is.
Regarding US7179892 in the Wyeth case that triggered this, the B2 gazette states that the PTA days are 462 days, but later the PTA days were revised to 756 days by US PAIR etc.
In this way, the number of PTA days described in the gazette may be changed, so it is necessary to check with US PAIR etc. if necessary.

In addition, since US patents have other systems that affect their lifespan, the USPTO has published an estimate of the expiration date.Patent Term CalculatorIt is convenient to use.

This system is not unique to the United States.In Japan, Article 67 of the Patent Law has been amended in connection with the Trans-Pacific Partnership (TPP), and a system similar to this PTA will be applied to applications after March 2020, 3 (“Period). Extended registration for compensation "Patent Act Article 10, Paragraph 67).

Five.finally

I have seen the main points regarding the duration of patents in the United States and Europe (EPC), mainly in Japan.
At the beginning, the duration was simply known from the date stated in the patent gazette, but as it progressed, other information became necessary.
In particular, you may have felt that the PTA system in the United States is complicated, but since the "extension registration for period compensation" system will be started in Japan in the future, be careful when grasping the duration accurately. Let's go.

* In the examples in the text, easy-to-understand dates are used.It does not indicate that the procedure is possible on that day.

Research Division Mori

<Reference website>

"Revision of" Examination Criteria for Extension of Patent Right "", JPO
https://www.jpo.go.jp/system/laws/rule/guideline/patent/tukujitu_kijun/kaitei2/encho_shitsumon_1903.html

"Regarding the registration system for extending the term of patent rights", Japan Patent Office
https://www.kantei.go.jp/jp/singi/tiiki/kokusentoc_wg/hearing_s/150327shiryou08-01.pdf

"Patent Term Calculator", USPTO
https://www.uspto.gov/patent/laws-and-regulations/patent-term-calculator

"USPTO Announces Provisional Measures Concerning Change in Calculation Method for Patent Term Adjustment", Japan External Trade Organization
https://www.jetro.go.jp/ext_images/world/n_america/us/ip/news/pdf/100201.pdf