Patent 12401721
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 analysis for US patent 12401721, I need to consult the USPTO Patent Center or a similar official database. Unfortunately, the current environment does not allow for direct, real-time access to the USPTO's internal systems to retrieve specific, real-time prosecution history details such as exact PTA calculations or terminal disclaimers, which are crucial for definitive patent term calculations. However, I can extract and explain the general principles and available information.
Based on the information available and general patent law, here's what can be stated about US12401721:
Patent Term Adjustment (PTA):
PTA is granted to compensate applicants for delays caused by the USPTO during the prosecution of a patent application. It aims to ensure that the patent term is not effectively shortened due to administrative delays. The PTA is calculated based on specific timeframes the USPTO must meet during examination, such as issuing a first office action within 14 months or a patent within 3 years of the filing date. The PTA amount is usually indicated on the face of the issued patent.
To determine the exact PTA for US12401721, one would need to review the "Issue Notification Letter" that was provided prior to the patent's issue date (August 26, 2025). Without this specific document, the exact PTA cannot be calculated here.
Patent Term Extensions (PTE):
PTE is distinct from PTA and is awarded to compensate for delays incurred in obtaining regulatory approval on a patented product, or methods of manufacturing or using the product, typically under the Hatch-Waxman Act for pharmaceuticals and medical devices. This extension is only applicable if the patent claims a product that has been subject to regulatory review by agencies like the FDA.
The patent US12401721, titled "System and method for server based control," appears to relate to control systems and software, not a product requiring regulatory approval like a drug or medical device. Therefore, it is highly unlikely that US12401721 would be eligible for a Patent Term Extension (PTE) under 35 U.S.C. § 156.
Continuation and Divisional Applications; Related Family Members:
- Priority Date: US12401721 has a priority date of 2012-01-09.
- Application Number: The application number for US12401721 is US19/201,954, filed on 2025-05-08.
- Other Versions/Family Members: The Google Patents page lists US20250274518A1 as an "Other version." This indicates it's likely a publication of a related application, possibly a continuation or divisional of the same patent family, or an earlier publication of the same application.
- Priority Claims: The "Info" section of the Google Patents page also lists:
- Priority to US19/201,954 on 2025-05-08. (This is its own application number, so this is likely an internal reference or a self-priority claim if it's a continuing application of an earlier, unlisted provisional, or if this is the first non-provisional in the chain claiming its own filing date).
- Priority to US19/298,308 on 2025-08-13. This strongly suggests that US12401721 is related to application US19/298,308, likely as a continuation or divisional, or a continuation-in-part, as it claims priority to a later-filed application. This is unusual as continuation/divisional applications typically claim priority to earlier applications. A later priority claim suggests that US19/298,308 might be a parent application for some specific claims within US12401721, or there might be an error in the provided priority chain, or US12401721 is a child of US19/201,954 which in turn is a child of US19/298,308. To clarify, the patent information indicates "Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.) 2012-01-09." And then "2025-05-08 Priority to US19/201,954" and "2025-08-13 Priority to US19/298,308". This implies a complex family history that would need direct USPTO Public Pair access for a definitive chain. Given the conflicting dates for priority claims, it's difficult to definitively categorize them as continuation or divisional without further information.
In general:
- Continuation applications are filed during the pendency of an earlier non-provisional application, using the same specification and adding new claims.
- Divisional applications result from a restriction requirement by the USPTO, where an examiner determines that an application claims more than one independent and distinct invention. The applicant then "divides" the claims into separate applications. Divisional applications receive the benefit of the parent application's filing date and can be protected from obviousness-type double patenting under 35 U.S.C. § 121 "safe harbor" provision, provided certain conditions are met.
- Continuation-in-part (CIP) applications include some substantial portion of an earlier application and add new matter not disclosed in the earlier application.
The existence of application numbers US19/201,954 and US19/298,308 in the patent's priority data suggests that US12401721 is part of a patent family. To fully understand the relationships (continuation, divisional, or CIP) and their impact on the patent term, a detailed review of the file wrapper for each application would be necessary.
Projected Expiration Date:
The basic term for a utility patent like US12401721 is 20 years from the earliest effective filing date of the application, subject to the payment of maintenance fees. This "earliest effective filing date" is often the priority date claimed under 35 U.S.C. §§ 120, 121, or 365(c).
For US12401721, the stated "Priority date" is 2012-01-09.
Therefore, the statutory 20-year term from the priority date would typically expire on 2032-01-09.
However, the Google Patents page explicitly states an "Anticipated expiration" date of 2033-01-03. This suggests that there is likely a Patent Term Adjustment (PTA) that has extended the patent term by approximately one year (from 2032-01-09 to 2033-01-03). As mentioned, PTA compensates for USPTO processing delays.
It is important to note that this "Anticipated expiration" date from Google Patents would include any calculated PTA. Since the patent was issued on 2025-08-26, and the filing date of the application directly leading to the patent is 2025-05-08, there may have been a significant delay in the prosecution of the earlier application(s) from which it claims priority.
To confirm the exact expiration date and the amount of PTA, one would need to consult the official USPTO patent records for US12401721, specifically the issue notification. Maintenance fees must also be paid at 3.5, 7.5, and 11.5 years from the grant date to keep the patent in force. The current date is 2026-06-02. The first maintenance fee would be due around February 26, 2029 (3.5 years after August 26, 2025).
Generated 6/2/2026, 2:58:10 AM