What is the “three-year pendency” rule for patent term adjustment?
The “three-year pendency” rule is a key provision in patent term adjustment, as outlined in 37 CFR 1.702(b). Under this rule: A patent is entitled to term adjustment if the USPTO fails to issue the patent within three years of the actual filing date Certain time periods are excluded from this three-year calculation, such as…
Read MoreHow do RCE filings affect patent term adjustment?
Request for Continued Examination (RCE) filings can significantly impact patent term adjustment calculations. According to MPEP 2731: Time consumed by continued examination of the application requested by the applicant under 35 U.S.C. 132(b) is not included in the “B delay” three-year period The filing of an RCE within three years of the application’s actual filing…
Read MoreHow does filing an RCE affect the status of a previously filed appeal brief?
Filing a Request for Continued Examination (RCE) renders a previously filed appeal brief ineffective. The MPEP 1204.01 states: “If an RCE is filed in an application prior to the filing of an appeal brief, the RCE is treated as a withdrawal of the appeal.” This means that: Any appeal brief filed before the RCE is…
Read MoreCan an appellant file a Request for Continued Examination (RCE) after a Board decision?
Yes, an appellant can file a Request for Continued Examination (RCE) after a Board decision, but there are specific timing considerations to keep in mind. The MPEP states: “An RCE (accompanied by the appropriate fee and a submission) may be filed after a decision by the Board, but before the filing of a Notice of…
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