How does the USPTO handle requests for reconsideration of patent term adjustment?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO handles requests for reconsideration of patent term adjustment through a manual redetermination process. As stated in the MPEP, “The Office will conduct a manual redetermination of patent term adjustment in response to a request for reconsideration of the patent term adjustment.” This process may result in:

  • The requested amount of patent term adjustment
  • No change in the patent term adjustment
  • A different amount of patent term adjustment (higher or lower)

Depending on the outcome, the Office will issue a decision granting or denying the request, or a new redetermination that may require further action from the applicant.

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2734 - Application For Patent Term Adjustment; Due Care Showing Patent Law Patent Procedure
Tags: patent term adjustment, Reconsideration Process, USPTO procedure