How 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 paper was expressly requested by the examiner.”
This means that if an applicant submits a supplemental reply or other paper after an initial reply, without the examiner expressly requesting it, the patent term adjustment will be reduced. The reduction is calculated from the day after the initial reply was filed until the date the supplemental reply or other paper was filed.
However, there are exceptions to this rule. For example, if the supplemental reply or other paper is expressly requested by the examiner, it will not result in a reduction of the patent term adjustment.
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