What should be included in a request for reconsideration of patent term adjustment?

What should be included in a request for reconsideration of patent term adjustment?

According to MPEP 2734, a request for reconsideration of patent term adjustment should include:

• The correct patent term adjustment and the basis or bases under 37 CFR 1.702 for the adjustment
• Any relevant dates cited to support the adjustment
• How the applicant’s calculation of patent term adjustment differs from the USPTO’s calculation
• The relevant facts that support the applicant’s position

The MPEP states: “Any request for reconsideration of the patent term adjustment indicated on the patent must be by way of an application for patent term adjustment … accompanied by the fee set forth in 37 CFR 1.18(e) and the statement of the facts involved specified in 37 CFR 1.705(b)(2).”

It’s crucial to provide a clear and detailed explanation of why you believe the patent term adjustment should be different from what was originally calculated by the USPTO.

To learn more:

• patent term adjustment
• reconsideration request
• application contents
• USPTO calculation