Calculating US Expiry Dates - GenericsWeb

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Appendix 2 – Finding Terminal Disclaimers in PAIR. If a Terminal Disclaimer is referenced on the front page image of a document, you can consult PAIR to find the details of the portion disclaimed. Follow the instruction in Appendix 1 to access registry information in PAIR. Click on the ‘Image File Wrapper’ tab, look in the ‘Document Code’ column for ‘DISQ’ (disclaimer filing) or ‘DIST’ (disclaimer decision) or search for ‘disclaim’ on the page (note that there may be more than one disclaimer for each patent). Inspect all of the terminal disclaimers and note all the patent and/or application numbers referenced (an extracted example is pasted below). The maximum full-term expiry of the patent is equal to the earliest expiry of the referenced patents. Note: the ‘Image File Wrapper’ tab is not always freely available in PAIR, but you can order the file wrapper by clicking ‘Order Certified File Wrapper’ at the top of the page. Terminal Disclaimers get complicated when s156 patent term extensions (PTEs) are applied, consult http://en.wikipedia.org/wiki/Term_of_patent_in_the_United_States#Terminal_disclaimer for reference.
Appendix 3 – Verifying data in PAIR. Follow the instruction in Appendix 1 to access registry information in PAIR. You will be directed to the ‘Application Data’ tab. Here you can verify the filing date [22] (‘Filing or 371(c) Date’) and the grant issue date [45] (‘Issue Date of Patent’). Again, take special care with the ‘Filing or 371(c) Date’ to ensure you are verifying and obtaining the filing date of the patent and not the 371(c) national phase receipt date. Verification of the related applications is done via the ‘Continuity Data’ tab. It details both parent continuity data (information on what the patent is a continuation/division/continuation-in-part of) as well as child continuity data (information on what patents claim the benefit of the application). Drill down through the continuation history to verify the earliest related application date.
Page 1 and 2: Calculating US Expiry Dates To calc
Page 3 and 4: Example 2. [22] = 23/10/1996, thus
Page 5 and 6: [22] = 08/06/1989, thus use Rule 1.
Page 7 and 8: Example 7. [22] = 10/01/2002, thus
Page 9 and 10: For the sake of brevity, the full-t
Page 11: Appendix 1 - Finding PTAs in PAIR.

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