How does abandonment of an application affect patent term adjustment?
Abandonment of an application can significantly impact patent term adjustment. According to 37 CFR 1.704(c)(3):
“Abandonment of the application or late payment of the issue fee as a circumstance that constitutes a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application.”
For applications where a notice of allowance was mailed on or after July 16, 2020, the period of adjustment will be reduced by the number of days, if any, beginning on the date of abandonment or the day after the date the issue fee was due, and ending on the date the grantable petition to revive the application or accept late payment of the issue fee was filed.
For earlier applications, the reduction period ends on the earlier of:
- The date of mailing of the decision reviving the application or accepting late payment of the issue fee, or
- The date that is four months after the date the grantable petition was filed
This reduction in patent term adjustment reflects the delay caused by the applicant’s failure to timely prosecute the application or pay the issue fee.
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