How should material information be submitted in patent term extension proceedings?
Material information in patent term extension proceedings should be submitted promptly and directly to the appropriate authority. According to MPEP 2762: “Any such material information should be submitted to the Director of the United States Patent and Trademark Office, the Secretary of Health and Human Services, or the Secretary of Agriculture, as appropriate, accompanied by…
Read MoreHow can I submit a patent term extension application?
Patent term extension applications can be submitted in two ways: By mail addressed to Mail Stop Hatch-Waxman PTE, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450 Hand-carried to the Office of Patent Legal Administration It’s important to note that “Patent term extension applications MUST NOT be filed by facsimile or the Office’s electronic filing…
Read MoreWhat is the standard term for a utility patent?
The standard term for a utility patent is 20 years from the filing date of the earliest application to which the patent claims priority. This is known as the “twenty-year term.” As stated in the MPEP, For applications filed on or after June 8, 1995, Section 532(a)(1) of the Uruguay Round Agreements Act (Public Law…
Read MoreWhat is the standard patent term for utility and plant patents?
What is the standard patent term for utility and plant patents? The standard patent term for utility and plant patents filed on or after June 8, 1995, is 20 years from the earliest effective U.S. filing date. This is established by 35 U.S.C. 154(a)(2), which states: “Subject to the payment of fees under this title,…
Read MoreHow do secrecy orders affect patent term adjustment?
Secrecy orders can have a significant impact on patent term adjustment (PTA). According to MPEP 2731, there are several ways in which a secrecy order can affect PTA: “37 CFR 1.703(d) pertains to the provisions of 35 U.S.C. 154(b)(1)(C)(ii) and indicates that the period of adjustment under 37 CFR 1.702(d) is the sum of the…
Read MoreWhat is the scope of rights during the extended patent term under 35 U.S.C. 156?
The scope of rights during the extended patent term under 35 U.S.C. 156 is defined in 35 U.S.C. 156(b). According to the MPEP: “The rights derived from extension of the patent term under 35 U.S.C. 156(a) are defined in 35 U.S.C. 156(b), but are not limited to a claim-by-claim basis. Rather, subsection(a) of 156 indicates…
Read MoreWhat is the “safe harbor” provision for patent term adjustment reductions?
The “safe harbor” provision for patent term adjustment (PTA) reductions is an important exception described in MPEP 2732. This provision is outlined in 37 CFR 1.704(d) and states: “A paper containing only an information disclosure statement in compliance with §§ 1.97 and 1.98 will not be considered a failure to engage in reasonable efforts to…
Read MoreWhat should be included in a petition for stay of a patent term extension application?
When filing a petition for stay of a patent term extension application, the patent owner should provide detailed reasons why a stay is necessary. MPEP 2765 states: “Therefore, the applicant seeking a stay in the processing of the extension application should provide detailed reasons why a stay is necessary.” The petition should include: A clear…
Read MoreWhat information must be included in a patent term extension application?
According to 35 U.S.C. 156(d)(1), a patent term extension application must contain the following information: The identity of the approved product and the Federal statute under which regulatory review occurred The identity of the patent for which an extension is being sought and the relevant claims Information to determine eligibility for extension and the rights…
Read MoreHow can an applicant request reconsideration of the patent term adjustment?
An applicant can request reconsideration of the patent term adjustment as outlined in 37 CFR 1.705(b). The process includes: Filing an application for patent term adjustment within two months of the patent grant date Paying the required fee Providing a statement of facts specifying the correct adjustment and bases for it The MPEP states, “Any…
Read More