What is the purpose of correspondence between the USPTO and regulatory agencies in patent term extension?

The correspondence between the USPTO and regulatory agencies serves multiple purposes in the patent term extension process: To facilitate eligibility decisions for patent term extension To allow both entities to carry out their responsibilities under 35 U.S.C. 156 To exchange information regarding regulatory review period determinations, due diligence petitions, and informal regulatory agency hearings As…

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Are design patents eligible for patent term adjustment?

No, design patents are not eligible for patent term adjustment. According to MPEP 2751: “The patent term adjustment provisions of 35 U.S.C. 154(b) as amended by the American Inventors Protection Act of 1999 apply to original utility and plant patents issuing on applications filed on or after May 29, 2000.“ This statement explicitly mentions utility…

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What happens if I file an international application with the USPTO but I’m not eligible?

If you file an international application with the USPTO as the Receiving Office but you’re not eligible (i.e., you’re not a resident or national of the United States), the application may be forwarded to the International Bureau as Receiving Office. The MPEP explains: “PCT Rule 19.4 provides for transmittal of an international application to the…

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When is a claim eligible for rejoinder?

According to MPEP 821.04, a claim is eligible for rejoinder when: It is a nonelected claim It depends from or otherwise requires all the limitations of an allowable claim Specifically, the MPEP states: “In order to be eligible for rejoinder, a claim to a nonelected invention must depend from or otherwise require all the limitations…

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What are the eligibility requirements for the Accelerated Examination program?

To be eligible for the Accelerated Examination program, an application must meet the following criteria: Be a non-reissue utility or design application filed under 35 U.S.C. 111(a) on or after August 25, 2006 Not be a plant application, reissue application, national stage application, reexamination proceeding, or RCE (unless previously granted special status) Not be based…

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