How is the period of patent term adjustment calculated?
The period of patent term adjustment is calculated based on various factors outlined in 37 CFR 1.703. The calculation includes: Delays due to the USPTO failing to meet certain deadlines Delays beyond three years from the actual filing date Delays due to interferences, secrecy orders, and successful appeals The MPEP states, “37 CFR 1.703 specifies…
Read MoreWhat are the grounds for patent term adjustment?
The grounds for patent term adjustment are specified in 37 CFR 1.702 and include: Delays due to the USPTO failing to take certain actions within specified timeframes Delays due to the USPTO failing to issue a patent within three years of the actual filing date Delays due to interferences, secrecy orders, and appeals As stated…
Read MoreWhat types of petitions are decided by Administrative Patent Judges?
Administrative Patent Judges decide several types of petitions, including: Certification of policy questions Motions to waive or suspend rules in patent trials Declarations and re-declarations of interferences Institutions of derivation proceedings Motions to suspend interferences involving patents under reexamination As stated in MPEP 1002.02(g), these decisions are made in accordance with specific regulations such as…
Read MoreWhat guidance does MPEP 706.06 provide for interferences and derivation proceedings?
MPEP 706.06 provides brief guidance for interferences and derivation proceedings, directing readers to more comprehensive resources. Specifically, it states: “For interferences and derivation proceedings, see MPEP Chapter 2300 and 37 CFR Part 41 and 42.” This guidance indicates that examiners and practitioners should refer to MPEP Chapter 2300 for detailed information on interferences and derivation…
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