What is the “due care” standard for reinstating reduced patent term adjustment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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 “due care” standard for reinstating reduced patent term adjustment is higher than the ordinary due care standard. According to the MPEP, “the phrases ‘all due care’ and ‘unable to respond’ invoke a higher degree of care than the ordinary due care standard of 35 U.S.C. 133, as well as the ‘reasonable efforts to conclude processing or examination [or prosecution] of an application’ standard of 35 U.S.C. 154(b)(2)(C)(i) and (iii).” Examples of situations that may meet this standard include: Insufficient time to obtain necessary test data Inability to reply due to a natural disaster Testing required for reply that necessarily took longer than three months Illness or death of a sole practitioner responsible for prosecuting the application Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Due Care Showing for Patent Term Adjustment MPEP 2734 Recommended Request for Patent Term Adjustment Must Be Filed Within Two Months MPEP 2734 Required Reply Due on Monday Not Reduced Patent Term MPEP 2734 Patent Term Adjustment Reconsideration Deadline Extendable MPEP 2734 Computer Program Determines Patent Term Adjustment Except On Reconsideration Request MPEP 2734 Manual Redetermination of Patent Term Adjustment Upon Request MPEP 2734 Manual Redetermination of Patent Term Adjustment Can Result in Different Amounts MPEP 2734 Permitted Patent Term Adjustment Redetermination Results in Requested Amount MPEP 2734 Redetermination of Patent Term Adjustment When Amount Changes MPEP 2734 Redetermination of Patent Term Adjustment Not Reconsideration Request MPEP 2734 Other Related FAQs 5 FAQs Collapse Can you request reconsideration of patent term adjustment after the two-month deadline?...