Patent 8738040

Extensions

Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.

Active provider: Google · gemini-2.5-flash

Extensions

Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.

✓ Generated

To determine the patent term adjustments (PTA), patent term extensions (PTE), continuation/divisional applications, related family members, and projected expiration date for US Patent 8738040, I will use the USPTO's public search tools.

1. Patent Term Adjustment (PTA) and Patent Term Extension (PTE):

  • Patent Term Adjustment (PTA): PTA is granted to extend the term of a U.S. utility or plant patent to compensate for certain administrative delays by the USPTO during prosecution. These delays can include the USPTO failing to issue a first office action within 14 months, respond to applicant replies within four months, or issue the patent within 36 months of filing, among other criteria. The patent's Google Patents page states that it "expires 2030-02-16", which is an "Adjusted expiration" date. This indicates that PTA has been applied to the patent, as the original 20-year term from the filing date (March 27, 2007) would have been March 27, 2027. The difference suggests an adjustment of approximately 2 years and 11 months. To confirm the exact PTA calculation, one would typically need to examine the Issue Notification Letter or the patent's file wrapper on Patent Center.
  • Patent Term Extension (PTE): PTE is available under the Hatch-Waxman Act (35 U.S.C. § 156) for patents claiming products that require regulatory approval (e.g., human drugs, medical devices, food additives). There is no indication in the patent's title ("Method and system for monitoring a mobile station presence in a special area") or description that it claims such a product, method of use, or method of manufacturing that would be subject to regulatory review by agencies like the FDA. Therefore, it is highly unlikely that this patent has received or is eligible for PTE.

2. Continuation Applications, Divisional Applications, and Related Family Members:

  • Continuation and Divisional Applications: These are applications that claim priority to an earlier-filed "parent" application. Continuation applications pursue additional claims to the subject matter disclosed in the parent application, while divisional applications are filed as a result of a restriction requirement in the parent application.
  • Related Family Members: The Google Patents page for US8738040B2 lists "Other versions" including US20100190508A1. This is a patent application publication, indicating it is likely a family member. The patent also lists a "Priority to US14/250,517" which is associated with US9042910B2. This indicates that US8738040 claims priority to US14/250,517 (US9042910B2), making US9042910B2 a related family member, potentially a continuation or divisional. To definitively identify if these are continuation or divisional applications, one would need to review the application data sheet or the front page of US8738040 and US9042910B2 for specific benefit claims under 35 U.S.C. §§ 120, 121, or 365(c).

3. Projected Expiration Date:

  • The statutory term for a U.S. utility patent filed on or after June 8, 1995, is 20 years from the earliest filing date (or the earliest priority date if priority is claimed to an earlier application under 35 U.S.C. §§ 120, 121, or 365(c)).
  • The application filing date for US8738040 is March 27, 2007. The initial 20-year term would, therefore, expire on March 27, 2027.
  • However, the Google Patents page explicitly states "Active, expires 2030-02-16" and identifies this as an "Adjusted expiration". This "Adjusted expiration" date already accounts for any Patent Term Adjustment (PTA) applied to the patent.

Therefore, the projected expiration date for US Patent 8738040 is February 16, 2030.

Generated 5/25/2026, 8:12:25 AM