What is the “Window Period” for patent maintenance fee payments?
The “Window Period” for patent maintenance fee payments refers to the specific timeframe during which these fees can be paid without incurring late fees or risking patent expiration. According to MPEP 2575: “The ‘window period’ is the period of time at the end of the full term of a patent during which the maintenance fee…
Read MoreWhen can prior art be submitted under 37 CFR 1.501(a)?
Prior art can be submitted under 37 CFR 1.501(a) at any time during the period of enforceability of a patent. The MPEP explicitly states: 37 CFR 1.501(a) permits any person at any time during the period of enforceability of a patent to file a written submission. The period of enforceability typically includes: The entire term…
Read MoreWhen should a request for interim extension be filed?
According to 37 CFR 1.760, as cited in MPEP 2755.01: “Any such request should be filed at least three months prior to the expiration date of the patent.“ However, the MPEP clarifies that this time frame is not mandatory: “While 37 CFR 1.760 provides that a request for an interim extension by the applicant ‘should’…
Read MoreWhen can a patent owner file a request for supplemental examination?
A patent owner can file a request for supplemental examination at any time during the period of enforceability of the patent. This is specified in 37 CFR 1.601(c), which states: “A request for supplemental examination of a patent may be filed at any time during the period of enforceability of the patent.” This rule was…
Read MoreWhat is an interim extension of patent term?
An interim extension of patent term is a temporary extension granted by the Director of the USPTO under 35 U.S.C. 156(e)(2) when a patent’s term would expire before a final decision on a patent term extension application can be made. As stated in the MPEP: “If the term of a patent for which an application…
Read MoreHow 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 MoreCan the USPTO grant an interim extension without a request from the applicant?
Yes, the USPTO can grant an interim extension without a request from the applicant. According to MPEP 2755.01: “The Director may issue interim extensions, without a request by the applicant, for periods of up to one year each until a final determination is made.“ However, the MPEP also advises: “The Director may issue an interim…
Read MoreWhy is a terminal disclaimer required for petitions to excuse unintentional delay in international design applications?
A terminal disclaimer is required for petitions to excuse unintentional delay in international design applications to prevent the applicant from unfairly extending the patent term due to the delay. This requirement is specified in 37 CFR 1.1051(d). The MPEP explains: “Pursuant to 37 CFR 1.1051(d), any petition under 37 CFR 1.1051(a) must be accompanied by…
Read MoreHow does a terminal disclaimer affect maintenance fee payments?
A terminal disclaimer can affect the term of a patent, but it does not change the maintenance fee payment requirements. According to MPEP 2520: “The term of a patent might be shortened, e.g., by a terminal disclaimer. If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between…
Read MoreWhat is the standard term for a utility patent?
The standard term for a utility patent is 20 years from the filing date of the earliest application to which the patent claims priority. This is known as the “twenty-year term.” As stated in the MPEP, For applications filed on or after June 8, 1995, Section 532(a)(1) of the Uruguay Round Agreements Act (Public Law…
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