How are patent term adjustments affected by interferences?
Patent term adjustments related to interferences are addressed in MPEP 2303. The section states:
“Patent term adjustments may be available for patents whose issuance has been delayed for an interference. See pre-AIA 35 U.S.C. 154(b)(1)(C)(i).“
This means that if a patent’s issuance is delayed due to an interference proceeding, the patentee may be eligible for an extension of the patent term. However, it’s important to note that this applies to pre-AIA (America Invents Act) cases, and the specific circumstances and calculations for such adjustments can be complex.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2303 - Completion Of Examination,
Patent Law,
Patent Procedure