What are “A delays” in patent term adjustment?
“A delays” are a specific type of delay attributed to the USPTO in the patent examination process. According to MPEP 2731, A delays include: Failure to provide certain notifications within 14 months of filing Failure to respond to a reply within 4 months Failure to act on an application within 4 months after a decision…
Read MoreCan the 60-day filing period for patent term extension applications be extended or waived?
No, the 60-day filing period for patent term extension applications cannot be extended or waived. The MPEP 2754.01 is very clear on this point: “The statutory time period is not extendable and cannot be waived or excused.” This strict adherence to the 60-day filing period is exemplified by a case cited in the MPEP: “See…
Read MoreHow does the 14-year rule affect patent term extension?
The 14-year rule is a statutory limitation on patent term extension found in 35 U.S.C. 156(c)(3). According to MPEP 2758: “The 14 year exception of 35 U.S.C. 156(c)(3) operates to limit the term of the extension in the present situation because it provides that the period remaining in the term of the patent measured from…
Read MoreWho can apply for a reissue patent?
According to 35 U.S.C. 251(c), the following parties can apply for a reissue patent: “The provisions of this title relating to applications for patent shall be applicable to applications for reissue of a patent, except that application for reissue may be made and sworn to by the assignee of the entire interest if the application…
Read MoreHow does submitting a supplemental reply affect patent term adjustment?
Submitting a supplemental reply can negatively affect patent term adjustment (PTA) as described in MPEP 2732. The MPEP states: “[T]he submission of a supplemental reply or other paper (after a reply has been filed), will result in a reduction of patent term adjustment under 37 CFR 1.704(c)(8) or (c)(10) unless the supplemental reply or other…
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