What are the types of applicant delay that can reduce patent term adjustment?
There are several types of applicant delay that can reduce patent term adjustment, as outlined in MPEP 2732: Failure to file a reply within the specified time period Submission of a supplemental reply or other paper Submission of preliminary amendments or other preliminary papers less than one month before the mailing of an Office action…
Read MoreWhat is the “safe harbor” provision for patent term adjustment reductions?
The “safe harbor” provision for patent term adjustment (PTA) reductions is an important exception described in MPEP 2732. This provision is outlined in 37 CFR 1.704(d) and states: “A paper containing only an information disclosure statement in compliance with ยงยง 1.97 and 1.98 will not be considered a failure to engage in reasonable efforts to…
Read MoreHow does submitting a supplemental reply affect patent term adjustment?
Submitting a supplemental reply can negatively affect patent term adjustment (PTA) as described in MPEP 2732. The MPEP states: “[T]he submission of a supplemental reply or other paper (after a reply has been filed), will result in a reduction of patent term adjustment under 37 CFR 1.704(c)(8) or (c)(10) unless the supplemental reply or other…
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