Patent 10822165
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
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Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
To provide a comprehensive overview of US Patent 10822165, let's break down its prosecution history and projected expiration.
Patent Term Adjustments (PTA) and Extensions (PTE)
- Patent Term Adjustment (PTA): PTA is granted to compensate patent owners for delays caused by the USPTO during the examination process of a utility or plant patent application. The total PTA is added to the standard 20-year patent term from the earliest non-provisional filing date. It accounts for specific USPTO delays, such as not issuing a first office action within 14 months, not responding to applicant replies within four months, or not issuing the patent within 36 months from the filing date. The USPTO automatically calculates PTA at the time of patent issuance, and this information is typically included in the Issue Notification Letter.
- Patent Term Extension (PTE): PTE is a different mechanism, primarily designed to compensate for delays incurred in obtaining regulatory approval for patented products, particularly in industries like pharmaceuticals and medical devices. It aims to restore a portion of the patent term lost while awaiting regulatory approval. PTE can be granted for a maximum of five years and cannot extend the patent term to more than 14 years from the date of regulatory approval.
For US Patent 10822165, the Google Patents information indicates an "Adjusted expiration" date of March 19, 2037. This adjustment suggests that some form of Patent Term Adjustment (PTA) has been applied. Without direct access to the official USPTO patent prosecution history (e.g., in Patent Center), the specific calculation of this adjustment is not readily available. However, based on the nature of the invention (a "waterproof induction actuated container"), it is highly unlikely to qualify for a Patent Term Extension (PTE), as PTE is generally reserved for patents subject to regulatory review periods (e.g., FDA approval for drugs or medical devices).
Continuation and Divisional Applications
- Continuation Application: A continuation application is filed to pursue additional claims to the same invention disclosed in a parent application.
- Divisional Application: A divisional application is filed to pursue claims to an invention that was not elected in a previous application due to a restriction requirement by the examiner.
US Patent 10822165 lists its application number as US15/884,342, with a filing date of January 30, 2018. It claims priority to application Ser. No. 15/271,211, filed September 20, 2016. This relationship indicates that US10822165 is a continuation application of US15/271,211. The patent document also explicitly states: "This is a Continuation application that claims the benefit of priority under 35 U.S.C. § 120 to a non-provisional application, application Ser. No. 15/271,211, filed Sep. 20, 2016."
The "Family Applications" section on Google Patents further clarifies:
- US15/271,211 (US10077154B2) filed 2016-09-20.
- US15/884,342 (US10822165B2) filed 2018-01-30.
This confirms US10822165 (application US15/884,342) is a continuation of US10077154B2 (application US15/271,211). There is no indication of any divisional applications.
Related Family Members
The patent family for US10822165 includes:
- US10077154B2 ("Waterproof induction actuated container"): This is the parent application, which was granted on September 18, 2018, from application number US15/271,211, filed on September 20, 2016.
- US20180170669A1 and US20180079592A1: These are patent publications (pre-grant) related to the same family.
Projected Expiration Date
The legal status of US10822165 is "Active - Reinstated," and its adjusted expiration date is March 19, 2037.
Under U.S. patent law, for applications filed on or after June 8, 1995, the patent term generally ends 20 years from the date on which the application for the patent was filed, or if it claims priority to an earlier application under 35 U.S.C. § 120, 121, or 365(c), then 20 years from the filing date of the earliest such application. In this case, the earliest priority date is September 20, 2016, from application US15/271,211.
Calculating 20 years from this priority date would give an unadjusted expiration date of September 20, 2036. The listed "Adjusted expiration" date of March 19, 2037, suggests approximately six months of Patent Term Adjustment (PTA) was granted to compensate for USPTO delays during prosecution.
Generated 5/29/2026, 11:16:25 AM