Patent 9070374
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 calculate expiration dates for patents; instead, it provides a patent term calculator to help the public estimate these dates.
Here's an analysis of US Patent 9070374, considering patent term adjustments (PTA), patent term extensions (PTE), and its family details:
Patent Term Adjustment (PTA) and Patent Term Extension (PTE):
- Patent Term Adjustment (PTA) is granted to compensate for administrative delays by the USPTO during patent prosecution. It may be applied to each patent in a family. Common reasons for PTA include delays in issuing an office action or notice of allowance (A-delay), the application being pending for more than three years (B-delay), and delays in issuing the patent after the issue fee is paid (C-delay). Applicant-caused delays can reduce PTA.
- Patent Term Extension (PTE) is awarded to compensate for delays in obtaining regulatory approval for patented products, such as human drugs, medical devices, or food additives.
- While both PTA and PTE extend a patent's life, they are treated differently in an obviousness-type double patenting (ODP) analysis. The Federal Circuit has ruled that for ODP analysis, the expiration date for a patent with PTA is calculated after the PTA is added, while for PTE, it's determined from the original expiration date before the PTE is added.
- Without direct access to the USPTO's Patent Center or PAIR system for US9070374B2, the specific PTA or PTE granted to this patent cannot be definitively stated. The general rule for utility patents filed on or after June 8, 1995, is a term of 20 years from the earliest filing date. The patent was filed on 2013-02-19, which falls after this date.
Continuation and Divisional Applications, and Related Family Members:
- Continuation and Divisional Applications: These are types of continuing applications that derive from an earlier-filed "parent" application. A patent granted on a continuation, divisional, or continuation-in-part application filed on or after June 8, 1995, will have a term that ends twenty years from the filing date of the earliest application for which a benefit is claimed.
- The provided information indicates that US9070374B2 claims priority from JP2012034189A and JP2012034192A, both with a priority date of 2012-02-20. These are external priority claims, likely foreign applications, which establish the earliest priority date for the patent family.
- The Google Patents data lists US20130218575A1 as another version of the patent, published on 2013-08-22, which is likely a related family member (e.g., a published application).
- The patent was initially assigned to JVCKenwood Corp and later reassigned to Soundclear Technologies LLC. The existence of IPR proceedings and district court litigation against this patent family further indicates its active status and potential related patent family members that may be involved in these legal challenges.
Projected Expiration Date:
- The Google Patents data states the patent is "Active" and "expires 2033-09-16." This "Adjusted expiration" date already accounts for any PTA and/or terminal disclaimers.
- The standard term for a utility patent filed after June 8, 1995, is 20 years from its earliest priority filing date. With a priority date of 2012-02-20, the base 20-year term would expire on 2032-02-20. The listed expiration date of 2033-09-16 indicates that Patent Term Adjustment (PTA) has been applied, extending the patent term beyond the initial 20 years.
Generated 5/15/2026, 6:46:09 PM