Who can file a petition for patent term adjustment?

While MPEP 2736 does not explicitly state who can file a petition for patent term adjustment, it clearly indicates who cannot file such petitions. The section states: “No submission or petition on behalf of a third party concerning patent term adjustment under 35 U.S.C. 154(b) will be considered by the Office.” By inference, this means…

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What is patent term adjustment?

Patent term adjustment (PTA) is additional time added to a patent’s term to compensate for delays in patent issuance caused by the United States Patent and Trademark Office (USPTO). The adjustment is governed by 35 U.S.C. 154(b) and is calculated based on various types of delays specified in the statute. As stated in MPEP 2731:…

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How does the USPTO handle requests for reconsideration of patent term adjustment?

The USPTO handles requests for reconsideration of patent term adjustment through a manual redetermination process. As stated in the MPEP, “The Office will conduct a manual redetermination of patent term adjustment in response to a request for reconsideration of the patent term adjustment.” This process may result in: The requested amount of patent term adjustment…

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How 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…

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How does the USPTO calculate patent term adjustment for applications filed on or after May 29, 2000?

For patent applications filed on or after May 29, 2000, the USPTO calculates patent term adjustment (PTA) based on several factors. According to MPEP 2733: “The Office makes the patent term adjustment determination by a computer program that uses the information recorded in the Office’s Patent Application Locating and Monitoring (PALM) system.” The calculation takes…

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What is the interim procedure for requesting PTA recalculation when the USPTO fails to recognize a timely filed safe harbor statement?

The USPTO has created an interim procedure for requesting patent term adjustment (PTA) recalculation when the Office fails to recognize a timely filed safe harbor statement. Key points of this procedure include: Use of form PTO/SB/134 instead of the standard request under 37 CFR 1.705(b) Waiver of the fee set forth in 37 CFR 1.18(e)…

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