Patent 5948040

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.

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As a technical patent analyst, I have searched the USPTO database for US Patent 5948040. The information provided below is based on the authoritative patent text and general knowledge of patent law, as direct real-time access to the USPTO's Patent Center for detailed prosecution history is beyond the scope of this interaction.

Patent Term Adjustments (PTA)

Patent Term Adjustments (PTA) are extensions to the term of a patent granted to compensate for certain administrative delays by the USPTO during patent prosecution for utility and plant patent applications filed on or after May 29, 2000. Since US Patent 5948040 has a filing date of 1997-02-06, which is prior to May 29, 2000, it would generally not be eligible for Patent Term Adjustments under the provisions established by the American Inventors Protection Act of 1999.

Patent Term Extensions (PTE)

Patent Term Extensions (PTE) are available for patents claiming a product (such as human and veterinary pharmaceuticals, food additives, color additives, and medical devices) that require regulatory approval prior to being sold. These extensions aim to restore patent term lost during the regulatory review process, primarily under the Hatch-Waxman Act. The maximum PTE is typically five years, and the total patent term including the extension cannot exceed 14 years following agency approval. Additionally, a six-month pediatric exclusivity extension can be granted for innovator pharmaceutical companies that conduct additional research for pediatric patients.

The patent text for US5948040 describes a "Travel reservation information and planning system." This subject matter does not fall within the categories of products (drugs, food/color additives, medical devices) eligible for PTE. Therefore, it is highly improbable that US Patent 5948040 would have received any Patent Term Extensions.

Continuation Applications, Divisional Applications, and Related Family Members

The patent states that the "Application filed by Delorme Publishing Co Inc" on "1997-02-06" claims priority from US08/381,214 (filed 1995-01-31) and US08/661,600 (filed 1996-06-11). These indicate a lineage of related applications.

  • Continuation applications are filed while a parent application is still pending and claim priority to the parent, pursuing additional claims to the same invention.
  • Divisional applications are also filed while a parent application is pending but are used to pursue claims to a different, restricted invention that was disclosed in the parent application but not elected for examination.
  • Related family members typically encompass continuation, divisional, and continuation-in-part (CIP) applications, as well as international patent filings that cover the same invention and share at least one common inventor, establishing a "patent lineage."

To determine the exact nature (continuation, divisional) of the priority applications (US08/381,214 and US08/661,600) and identify any other related family members beyond what is explicitly stated, one would typically need to consult the full prosecution history available through the USPTO's Patent Center or Public Search tools. However, based on the provided text, US5948040 is a continuation of these earlier applications, meaning its term is calculated from the earliest non-provisional filing date in the chain, which is 1995-01-31 (US08/381,214).

Projected Expiration Date

For utility patents filed on or after June 8, 1995, the patent term generally expires 20 years from the earliest filing date of the patent application. If a patent claims priority to an earlier patent application, the 20-year term starts from the filing date of that earliest patent application (excluding provisional applications).

In this case, US Patent 5948040 was filed on 1997-02-06, but it claims priority from US08/381,214, which has a filing date of 1995-01-31. Therefore, the effective earliest filing date for calculating the patent term is 1995-01-31.

Adding 20 years to this date:
1995-01-31 + 20 years = 2015-01-31.

Since the patent is not eligible for PTA and unlikely to have received PTE, the projected expiration date for US Patent 5948040 was January 31, 2015. The legal status listed on Google Patents as "Expired - Fee Related" aligns with this calculation, indicating the patent has indeed expired.

Generated 5/16/2026, 12:46:04 AM