Patentverlängerungspflichten

Patentverlängerung refers to the process of extending the term of a granted patent beyond its initial statutory life. In most jurisdictions, patents are granted for a limited period, typically 20 years from the filing date. However, certain circumstances can allow for an extension of this term. The primary purpose of patent term extension is to compensate patentees for delays in obtaining marketing approval for regulated products, most commonly pharmaceuticals and medical devices. These delays, often caused by lengthy testing and regulatory review processes, reduce the effective period of market exclusivity a patent owner can enjoy.

The requirements and procedures for patent term extension vary significantly by country. In the United States, for example, the Patent Term Adjustment (PTA) and Patent Term Extension (PTE) systems are in place. PTA accounts for delays during the patent prosecution phase, while PTE compensates for marketing approval delays for drugs and certain other products. Similar systems exist in Europe, Japan, and other major patent jurisdictions, often administered by national patent offices or regulatory agencies. Eligibility for extension usually requires proof that the patent covers a regulated product, that the patent was in force during the regulatory review period, and that the delays were not due to the patent applicant's fault. The length of the extension is typically calculated based on the time lost during the regulatory review process, up to a maximum limit.