What is meant by an application being in “condition for examination” for patent term adjustment purposes?
The concept of an application being in “condition for examination” is important for patent term adjustment calculations, particularly in relation to 37 CFR 1.704(c)(13). According to 37 CFR 1.704(f), an application filed under 35 U.S.C. 111(a) is in condition for examination when it includes:
- A specification, including at least one claim and an abstract
- Papers in compliance with 37 CFR 1.52
- Drawings (if any) in compliance with 37 CFR 1.84
- Any required English translation
- A “Sequence Listing” or “Sequence Listing XML” if applicable
- An inventor’s oath or declaration or an application data sheet with required information
- The basic filing fee, search fee, and examination fee
- Any required certified copy of a previous application
- Any required application size fee
For international applications entering the national stage, similar requirements apply, with some modifications specific to national stage entry.
The MPEP states: “37 CFR 1.704(c)(13) establishes that where there is a failure to provide an application in condition for examination within eight months from the date on which the application was filed under 35 U.S.C. 111(a) or the date of commencement of the national stage under 35 U.S.C. 371(b) or (f) in an international application, the period of adjustment set forth in 37 CFR 1.703 shall be reduced by the number of days, if any, beginning on the day after the date that is eight months from the date on which the application was filed… and ending on the date the application is in condition for examination.”
This provision encourages applicants to submit complete and compliant applications in a timely manner to avoid reductions in patent term adjustment.
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