Patent 11878049
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.
US Patent 11878049, titled "Mitapivat therapy and modulators of cytochrome P450," was issued on January 23, 2024, from an application filed on June 12, 2020. The original assignee is Agios Pharmaceuticals Inc.
Patent Term Adjustments (PTA)
Patent Term Adjustment (PTA) is granted to compensate for delays by the USPTO during the prosecution of a utility or plant patent application. The total PTA is added to the standard 20-year lifespan of the patent. Delays that can trigger PTA include failure by the USPTO to:
- Issue a first Official Action within 14 months of filing.
- Respond to an applicant's reply or an appeal within four months.
- Issue the patent within four months of payment of the issue fee.
- Issue a patent within 36 months from the filing date.
Applicant delays can reduce or eliminate PTA. For example, if an applicant responds to an Office action more than three months after notification, it can be considered an applicant delay.
To determine the specific PTA for US Patent 11878049, one would typically find this information listed on the front page of the patent document itself. However, this detailed PTA information is not available in the provided patent text or the search results.
Patent Term Extensions (PTE)
Patent Term Extensions (PTE) are available under the Hatch-Waxman Act (Drug Price Competition and Patent Restoration Act of 1984) for patents covering pharmaceutical products that undergo regulatory review by the FDA. This extension aims to restore a portion of the patent term lost during the FDA approval process.
Key aspects of PTE include:
- PTE cannot exceed five years.
- The total patent term, including the PTE, cannot exceed 14 years from the date of marketing approval.
- PTE applications must be filed within 60 days of the mailing date of marketing approval.
- Only one patent can be extended per approved product.
- Pediatric exclusivity can add a six-month extension to the patent term.
The patent describes mitapivat therapy for various diseases, including pyruvate kinase deficiency, sickle cell disease, and thalassemia, indicating it is a pharmaceutical product. Therefore, it may be eligible for PTE if it has undergone FDA regulatory review. However, the provided information does not specify if US Patent 11878049 has received any PTE.
Continuation and Divisional Applications
Continuation and divisional applications are procedural tools that allow applicants to pursue additional patent protection from a previously filed "parent" application.
- Continuation Application (CON): A continuation application shares the exact same disclosure as its parent but pursues different claims. No new subject matter can be added.
- Divisional Application: A divisional application is filed when an initial patent application contains more than one invention, and the USPTO issues a restriction requirement, forcing the applicant to choose one invention for the original application. The other inventions can then be pursued in divisional applications, which receive the same filing date as the parent application.
Both continuation and divisional applications must reference the parent application and be co-pending (not yet abandoned or issued) when the continuing application is filed.
The patent text for US Patent 11878049 mentions "US16/900,610" as its application number and lists "US18/230,039" and "US18/917,603" as priority claims. These are likely related applications, possibly continuations or divisionals, indicating a patent family. However, the exact nature of these relationships (e.g., continuation, divisional, or continuation-in-part) is not explicitly stated in the provided text.
Related Family Members
The patent lists the following related application numbers in its priority data:
- US16/900,610 (Filing date: 2020-06-12)
- US18/230,039 (Priority date: 2023-08-03)
- US18/917,603 (Priority date: 2024-10-16)
These indicate a patent family where applications claim priority from earlier filings. The nature of these relationships (e.g., parent, child, continuation, divisional) is not explicitly detailed in the provided information.
Projected Expiration Date
A U.S. utility patent filed on or after June 8, 1995, generally expires 20 years from its earliest filing date, subject to any PTA or PTE. If the patent claims priority to an earlier application, the 20-year term starts from the filing date of the earliest non-provisional application in the chain.
The earliest priority date listed for US11878049 is June 14, 2019. The filing date for application US16/900,610 is June 12, 2020. The patent itself was published on January 23, 2024.
According to Google Patents, the patent status is "Active" and expires on July 31, 2041. This expiration date already accounts for any adjusted term. This would imply a patent term of approximately 22 years from the June 14, 2019 priority date, suggesting that some patent term adjustment or extension has been applied. Without the specific PTA and PTE calculations, it's not possible to precisely break down how the July 31, 2041, date is reached.
Generated 5/19/2026, 6:46:12 AM