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Patent Details for US Patent 11358953

Patent Term Adjustments (PTA) and Patent Term Extensions (PTE):

Specific Patent Term Adjustment (PTA) details, such as the exact number of days added due to USPTO delays during prosecution, are not explicitly provided in the search results from a direct USPTO calculation. However, the "Anticipated expiration: 2041-07-19" listed on Google Patents typically incorporates any awarded PTA. The patent's filing date was November 9, 2021, and its issue date was June 14, 2022. A standard patent term is 20 years from the earliest filing date (excluding provisional applications) for which priority is claimed. Without PTA, a patent filed on November 9, 2021, would typically expire on November 9, 2041. The Google Patents anticipated expiration of July 19, 2041, suggests a slightly earlier expiration than a pure 20-year term from the filing date, or a different priority date calculation that was not granted, which aligns with the CAFC's ruling regarding the priority date issue (see below).

Regarding Patent Term Extensions (PTE), which are generally granted for delays incurred during regulatory review by agencies like the FDA for certain products, there is no indication in the provided information that US Patent 11358953 has received or applied for a PTE. Given that the patent has been ruled invalid by the Federal Circuit, any potential PTE application would likely be moot.

Continuation Applications, Divisional Applications, and Related Family Members:

US Patent 11358953 is identified as a continuation application. The "RELATED APPLICATIONS" section of the patent states:
"This application is a continuation application of U.S. application Ser. No. 17/506,980, filed on Oct. 21, 2021, which is a continuation application of U.S. application Ser. No. 17/379,409, filed on Jul. 19, 2021, which claims the benefit of U.S. Provisional Application No. 63/054,048, filed on Jul. 20, 2020."

Therefore, the application chain and related family members are:

• Provisional Application: U.S. Provisional Application No. 63/054,048, filed on July 20, 2020.
• Parent Continuation Application 1: U.S. application Ser. No. 17/379,409, filed on July 19, 2021.
• Parent Continuation Application 2: U.S. application Ser. No. 17/506,980, filed on October 21, 2021.
• This Patent: US11358953 (application Ser. No. 17/522,176), filed on November 9, 2021.

It's important to note the U.S. Court of Appeals for the Federal Circuit (CAFC) has ruled all claims of US11358953 invalid because the patent could not claim the priority date of its provisional application (U.S. Provisional Application No. 63/054,048) due to inadequate written description support. This means the effective priority date was later, making Pfizer's public disclosure of nirmatrelvir in April 2021 anticipatory prior art.

Projected Expiration Date:

Google Patents lists the "Anticipated expiration" date for US11358953 as 2041-07-19. This date would typically account for any Patent Term Adjustment (PTA) awarded during prosecution. However, due to the Federal Circuit's ruling that all claims of US11358953 are invalid as anticipated, the patent is no longer enforceable, irrespective of its calculated expiration date.