Question 2
Domain 1: Patentability Requirements and Patent FundamentalsWhat is the term of a utility patent filed after June 8, 1995?
Correct answer: B
Explanation
A utility patent filed after June 8, 1995 has a term of "20 years from the earliest effective filing date of the nonprovisional application." This rule comes from the Patent Term provisions that changed the term from 17 years from issuance to 20 years from filing for applications filed after that date.
Why each option is right or wrong
A. 17 years from the date of grant
B. 20 years from the earliest effective filing date of the nonprovisional application
35 U.S.C. § 154(a)(2) fixes the term of a utility patent to 20 years measured from the earliest effective U.S. filing date of the nonprovisional application. The post-June 8, 1995 transition is governed by the Uruguay Round Agreements Act, which changed the prior 17-years-from-issuance regime for applications filed on or after June 8, 1995, so the relevant clock starts from filing rather than grant.
C. 14 years from the date of grant
D. 25 years from the filing date