How does withdrawing a patent application from issue affect the patent term?
Withdrawing a patent application from issue can potentially affect the patent term in several ways:
- If the withdrawal leads to continued examination, it may result in patent term adjustment (PTA) under certain circumstances.
- The filing of a Request for Continued Examination (RCE) stops the accrual of “B delay” for PTA purposes.
- If the withdrawal results in the filing of a continuing application, the new application will have a later filing date, potentially shortening the overall patent term.
MPEP 2730 provides detailed information on patent term adjustments: “The period of adjustment of the term of a patent under 37 CFR 1.702(b) is the number of days, if any, in the period beginning on the day after the date that is three years after the date on which the application was filed … and ending on the date a patent was issued.”
Applicants should carefully consider the potential impact on patent term when deciding to withdraw an application from issue.
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