How does abandonment of an application affect patent term adjustment?

Abandonment of an application can significantly impact patent term adjustment. According to 37 CFR 1.704(c)(3): “Abandonment of the application or late payment of the issue fee as a circumstance that constitutes a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application.” For applications where a notice of…

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What happens if an application is in condition for allowance but lacks a proper oath or declaration?

For applications filed on or after September 16, 2012, if an application is in condition for allowance but lacks a proper oath or declaration, the USPTO has a specific procedure. According to MPEP 1303: “The Office will issue a ‘Notice of Allowance and Fee(s) Due’ (PTOL-85) together with a ‘Notice of Allowability’ (PTOL-37) including a…

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What happens if the required inventor’s oath or declaration is not filed in a national stage application?

If the required inventor’s oath or declaration is not filed in a national stage application, the following process typically occurs: If the basic national fee and copy of the international application have been received by the expiration of 30 months from the priority date, but the required oath or declaration is missing, the USPTO will…

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What causes an international application to become abandoned in the United States?

An international application becomes abandoned in the United States if the following requirements are not satisfied before the expiration of 30 months from the priority date: Submission of the basic national fee Submission of a copy of the international application (if necessary) As stated in MPEP 1893.02: “If the requirements for the submission of the…

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