Patent Term Adjustments

November 8, 2010

We have recently been fielding requests for patent term adjustments on various platforms: Westlaw, Thomson Innovation, Delphion. Currently , there is no way to search adjustments on Thomson Innovation or Delphion. The information does not not appear in the integrated view on these platforms. The adjustment language pursuant to 154(b) is contained in the original PDF image of the patent which is not searchable at this time either through Thomson Innovation or Delphion.

However, you can search for patent term adjustments on westlaw.com. The following search in US-PAT-ALL will retrieve patents which have been extended pursuant to 154(b):

154(b) /10 extend extended extending extension adjust!

Simply place an ampersand after the word adjust and put in the remainder of your terms, and you will return results of patents which have been extended.

Curiousity led us to research just how many patents have been extended over time. We ran the search above in US-UTIL (U.S. Utility Patents) for the application date years of 2000 through 2010.

For more on term extension under 154, see 69 CJS Patents sec. 234.

Submitted by
Alanah Gentle
West Reference Attorney