What is the three-month rule for replying to Office actions in relation to patent term adjustment?

The three-month rule for replying to Office actions is an important consideration in patent term adjustment calculations. According to 37 CFR 1.704(b): “[A]n applicant shall be deemed to have failed to engage in reasonable efforts to conclude processing or examination of an application for the cumulative total of any periods of time in excess of…

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How can applicants respond to indefiniteness rejections?

Applicants have several options to respond to indefiniteness rejections. The MPEP outlines these approaches: “In response to an examiner’s rejection for indefiniteness, an applicant may resolve the ambiguity by amending the claim, or by providing a persuasive explanation on the record that a person of ordinary skill in the relevant art would not consider the…

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Can a patent owner amend their patent during reexamination?

Yes, a patent owner can amend their patent during reexamination. According to MPEP 2269: “The patent owner may respond to such Office action with or without amendment and the patent under reexamination will be reconsidered, and so on repeatedly unless the examiner has indicated that the action is final.” However, it’s important to note that…

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How is the timeliness of an applicant’s reply determined?

The timeliness of an applicant’s reply is determined based on several factors: The notification or mail date on the Office letter The set shortened statutory period for reply The full statutory period for reply, if applicable Any extended time period obtained under 37 CFR 1.136 According to the MPEP: “Applicant’s reply must be considered timely…

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