How does the USPTO calculate the patent term adjustment period?
The USPTO calculates the patent term adjustment period based on several factors outlined in MPEP 2731. The calculation includes: Delays attributed to the USPTO (A delays) Delays due to interference proceedings, secrecy orders, or successful appellate review (B delays) Delays due to Request for Continued Examination (RCE) filings Overlapping days between A and B delays…
Read MoreHow does the USPTO calculate patent term adjustment for applications filed on or after May 29, 2000?
For patent applications filed on or after May 29, 2000, the USPTO calculates patent term adjustment (PTA) based on several factors. According to MPEP 2733: “The Office makes the patent term adjustment determination by a computer program that uses the information recorded in the Office’s Patent Application Locating and Monitoring (PALM) system.” The calculation takes…
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 are applicant delays in patent term adjustment?
Applicant delays are periods during patent prosecution that reduce the overall patent term adjustment. According to MPEP 2731, applicant delays include: Failing to reply to a notice or action within three months Filing a supplemental reply or other paper that was not expressly requested by the examiner Submitting a preliminary amendment or other preliminary paper…
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