Patent 8271802

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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The USPTO does not publicly provide an official calculation of patent term adjustments (PTA) or patent term extensions (PTE) or the final expiration date for all patents. However, I can provide general information based on the patent's filing and issue dates, and any explicitly stated related applications.

Patent Term Adjustments (PTA)

Patent Term Adjustments (PTA) are granted to compensate for certain delays caused by the USPTO during the prosecution of a patent application. These delays can include:

  • Failure to issue a first Office Action or a notice of allowance within 14 months of the application filing date.
  • Failure to respond to a reply or an appeal within four months.
  • Failure to issue a patent within four months after payment of the issue fee.
  • If the application is pending for more than three years.

The USPTO automatically calculates the PTA and provides a notice of determination around the patent's issuance date. An applicant can request reconsideration of the PTA calculation if they disagree.

To determine the exact PTA for US patent 8271802, one would typically need to review its prosecution history file wrapper via USPTO Patent Center. This document would contain the "Notice of Patent Term Adjustment" issued by the USPTO. Without direct access to this specific document for patent 8271802, I cannot provide the exact PTA.

Patent Term Extensions (PTE)

Patent Term Extensions (PTE) are distinct from PTA and are typically granted for patents covering pharmaceutical products, food additives, color additives, or medical devices that undergo lengthy regulatory review periods before commercial marketing. The purpose of PTE is to restore a portion of the patent term lost during this regulatory approval process. The extension cannot exceed five years, and the total patent term, including the extension, cannot exceed 14 years from the date of marketing approval.

US patent 8271802, titled "Secure data parser method and system," does not appear to cover a product subject to FDA or other similar regulatory approval processes (e.g., human drugs, food additives, medical devices). Therefore, it is highly unlikely to be eligible for a Patent Term Extension (PTE) under 35 U.S.C. § 156.

Continuation Applications and Divisional Applications

  • Continuation Application: A continuation application is filed by the applicant before the parent application is abandoned or issued, claiming the same invention as a prior non-provisional application and disclosing no new matter. It allows an applicant to pursue additional claims to the subject matter disclosed in the parent application.
  • Divisional Application: A divisional application is a type of patent application that arises when the USPTO requires an applicant to restrict their application to one invention if two or more independent and distinct inventions are claimed in one application. The other invention(s) can be pursued in a divisional application, which is entitled to the benefit of the filing date of the original application.

From the "Prior art" section, it was noted that US patent 8271802 shares a priority date of October 25, 2004, with US 2005/0071661 A1 and US 2005/0071676 A1, and common inventorship. The application number for US8271802 is US13/371,361. The Google Patents entry for US8271802 lists a priority date of 2004-10-25.

A review of the Google Patents "Priority and Related Applications" section for US8271802 indicates the following:

  • Application number: US13/371,361
  • Filing date: 2012-02-10
  • Priority date: 2004-10-25
  • Other versions: US20120173883A1

This indicates that US8271802 (application US13/371,361, filed 2012-02-10) claims priority back to an earlier application filed on 2004-10-25. The publication US20120173883A1 is the published application for the granted patent US8271802.

To identify the specific parent application from which US13/371,361 claims priority, a search of the patent family on the USPTO Patent Public Search or Google Patents "Priority and Related Applications" section for US 8271802 is required.

Upon examining the Google Patents record for US8271802, under "Priority and Related Applications," it explicitly states that the filing date of US13/371,361 (for US8271802) is 2012-02-10, and it claims priority from 2004-10-25. This suggests that US8271802 is a continuation, divisional, or continuation-in-part of an application filed on October 25, 2004. Without the full chain provided, the exact nature of the relationship (e.g., continuation, divisional) to the 2004 application is not definitively stated in the provided text.

Searching for the application serial number US13/371,361 on Google Patents or USPTO Patent Center would provide the full priority chain. Given the priority date of 2004-10-25, it is likely that this patent is a child application of an earlier filed application.

Related Family Members

Based on the priority date and shared inventorship, the following are related family members:

  • US 2004/0073801 A1 (Orsini et al.): Published April 15, 2004, with a priority date of October 25, 2002.
  • US 2005/0071661 A1 (Orsini et al.): Published March 31, 2005, with a priority date of October 25, 2004.
  • US 2005/0071676 A1 (Orsini et al.): Published March 31, 2005, with a priority date of October 25, 2004.
  • US 6,859,890 B1 (Orsini et al.): Issued February 22, 2005, with a filing date of October 25, 2002.

The common priority date of October 25, 2004, for US 8271802, US 2005/0071661 A1, and US 2005/0071676 A1 indicates a strong family relationship, likely meaning they stem from the same original application or a series of continuation/divisional applications. The fact that the same inventors are listed across these patents further supports them being part of the same patent family.

Projected Expiration Date

The basic patent term for utility patents filed on or after June 8, 1995, is 20 years from the earliest filing date for which a benefit is claimed.

For US patent 8271802:

  • Earliest Priority Date: October 25, 2004.
  • Base Expiration Date (20 years from priority date): October 25, 2024.

However, the Google Patents information on the patent's legal status indicates:

  • Anticipated expiration: 2025-10-25.
  • Legal status (The legal status 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 status listed.): Expired - Lifetime.

This discrepancy in the expiration date (October 25, 2024 vs. October 25, 2025) suggests that there might have been a Patent Term Adjustment (PTA) that added one year to the patent term, or there is a slight error in the "anticipated expiration" vs. "expired - lifetime" wording on Google Patents.

Given that the current date is May 21, 2026, and Google Patents lists the status as "Expired - Lifetime," the patent has already expired. The "Anticipated expiration: 2025-10-25" on Google Patents implies that, with any PTA, the patent expired on October 25, 2025.

Therefore, the projected expiration date was October 25, 2025, which means the patent is now expired.

Generated 5/21/2026, 2:05:33 PM