How does the USPTO handle requests for reconsideration of patent term adjustment?
The USPTO handles requests for reconsideration of patent term adjustment through a manual redetermination process. As stated in the MPEP, “The Office will conduct a manual redetermination of patent term adjustment in response to a request for reconsideration of the patent term adjustment.” This process may result in: The requested amount of patent term adjustment…
Read MoreWhat is the interim procedure for requesting PTA recalculation when the USPTO fails to recognize a timely filed safe harbor statement?
The USPTO has created an interim procedure for requesting patent term adjustment (PTA) recalculation when the Office fails to recognize a timely filed safe harbor statement. Key points of this procedure include: Use of form PTO/SB/134 instead of the standard request under 37 CFR 1.705(b) Waiver of the fee set forth in 37 CFR 1.18(e)…
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 MoreCan you request reconsideration of patent term adjustment after the two-month deadline?
Can you request reconsideration of patent term adjustment after the two-month deadline? Generally, requests for reconsideration of patent term adjustment filed after the two-month deadline are dismissed as untimely. However, MPEP 2734 provides an exception for situations where the applicant can show that the delay was unavoidable: “The two-month time period may be extended under…
Read MoreWhat is the “due care” standard for reinstating reduced patent term adjustment?
The “due care” standard for reinstating reduced patent term adjustment is higher than the ordinary due care standard. According to the MPEP, “the phrases ‘all due care’ and ‘unable to respond’ invoke a higher degree of care than the ordinary due care standard of 35 U.S.C. 133, as well as the ‘reasonable efforts to conclude…
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