When did the rule prohibiting third-party submissions on patent term adjustment take effect?
The rule prohibiting third-party submissions on patent term adjustment has been in effect for patents granted both before and after January 14, 2013. MPEP 2736 states: “For patents granted on or after January 14, 2013, 37 CFR 1.705(d) implements the provisions of 35 U.S.C. 154(b)(4)(B) and provides that no submission or petition on behalf of…
Read MoreWhat 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…
Read MoreWhat must be included in a request for reconsideration of patent term adjustment?
According to 37 CFR 1.705(b), a request for reconsideration of patent term adjustment must include: The fee set forth in 37 CFR 1.18(e) A statement of the facts involved, specifying: The correct patent term adjustment and the basis for the adjustment The relevant dates for which an adjustment is sought The adjustment to which the…
Read MoreWhat 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…
Read MoreWhat is the deadline for filing a request for reconsideration of patent term adjustment?
What is the deadline for filing a request for reconsideration of patent term adjustment? The deadline for filing a request for reconsideration of patent term adjustment is within two months from the date the patent was granted. This is stated in MPEP 2734, which quotes 37 CFR 1.705(b): “Any request for reconsideration of the patent…
Read MoreWhat are the specific eligibility requirements for patent term adjustment?
The specific eligibility requirements for patent term adjustment are outlined in MPEP 2751. These include: The patent must be an original utility or plant patent issued on or after May 29, 2000. The application for the patent must have been filed on or after May 29, 2000. The patent must not be subject to a…
Read MoreWhat is Patent Term Adjustment (PTA) and how is it determined?
Patent Term Adjustment (PTA) is a mechanism to compensate patent applicants for delays in the patent examination process. It is determined based on various factors and calculations as outlined in 35 U.S.C. 154(b). According to MPEP 2733, “The patent will include notification of any patent term adjustment under 35 U.S.C. 154(b).” This means that the…
Read MoreHow is the period of patent term adjustment calculated?
The period of patent term adjustment is calculated based on various factors outlined in 37 CFR 1.703. The calculation includes: Delays due to the USPTO failing to meet certain deadlines Delays beyond three years from the actual filing date Delays due to interferences, secrecy orders, and successful appeals The MPEP states, “37 CFR 1.703 specifies…
Read MoreWhat happens if a patent is determined to be ineligible for extension after an interim extension has been granted?
If a patent is determined to be ineligible for extension after an interim extension has been granted, the interim extension may be revoked. According to MPEP 2755.01: “Where an interim extension has been granted and it is subsequently determined that the patent is not eligible for patent term extension, the interim extension may be vacated…
Read MoreHow does the filing date affect patent term extension eligibility?
The filing date of a patent application is crucial in determining its eligibility for term extensions or adjustments due to USPTO delays. Here’s a breakdown: Filed between June 8, 1995, and May 28, 2000: Eligible for term extension under former 35 U.S.C. 154(b). Filed on or after May 29, 2000: Eligible for term adjustment under…
Read More