When does the USPTO provide notification of Patent Term Adjustment?
The USPTO’s notification process for Patent Term Adjustment (PTA) has changed due to the AIA Technical Corrections Act. As stated in MPEP 2733:
“The Office will no longer provide a notification of the patent term adjustment with the mailing of the notice of allowance for any patent granted on or after January 14, 2013.”
Instead, the official PTA notification is now provided on the granted patent itself. However, the USPTO still provides a preliminary PTA calculation with the issue notification sent to the applicant before the patent is issued. It’s important to note that this preliminary calculation is not the official determination.
The MPEP advises: “Accordingly, patentee should wait until the grant of the patent to determine whether or not a request for reconsideration of the patent term adjustment indicated on the patent is warranted.”
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