The duration of a patent’s enforceability can, under certain circumstances, be extended beyond its standard expiration date. This extension aims to compensate patent holders for delays encountered during the application review process at the relevant patent office. For example, if an application experiences significant delays due to the patent office’s backlog or procedural inefficiencies, the patent’s term may be lengthened to offset the time lost.
This mechanism serves to ensure that inventors retain a reasonable period to commercially exploit their inventions, even when administrative hurdles impede the timely granting of patent rights. Historically, it was introduced to mitigate the negative impact of lengthy examination processes, fostering innovation by assuring inventors of adequate market exclusivity. The availability of this adjustment incentivizes continued investment in research and development, as it offers a safeguard against bureaucratic delays that could diminish the value of the patent.
