What actions can reduce the period of patent term adjustment?

Several actions by the applicant can reduce the period of patent term adjustment, as outlined in 37 CFR 1.704. These include:

• Failing to reply to an Office action within three months
• Submitting a supplemental reply or other paper
• Filing an RCE after a notice of allowance
• Failing to file an appeal brief within three months of filing a notice of appeal

The MPEP states, “37 CFR 1.704 implements the provisions of 35 U.S.C. 154(b)(2)(C).” This section specifies circumstances that constitute a failure of the applicant to engage in reasonable efforts to conclude processing or examination of an application.

To learn more:

• Patent Term Adjustment
• PTA Reduction
• Applicant Delays
• RCE
• Appeal Brief
• Supplemental Reply