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…
Read MoreWhat 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:…
Read MoreHow 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…
Read MoreWhen does the USPTO provide notification of Patent Term Adjustment?
The USPTO’s notification process for Patent Term Adjustment (PTA) has changed due to the AIA Technical Corrections Act. As stated in MPEP 2733: “The Office will no longer provide a notification of the patent term adjustment with the mailing of the notice of allowance for any patent granted on or after January 14, 2013.” Instead,…
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 MoreHow 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…
Read MoreWhat 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)…
Read MoreWhat happens if a third party submits a petition regarding patent term adjustment?
If a third party submits a petition or any document concerning patent term adjustment, the United States Patent and Trademark Office (USPTO) will not consider it. According to MPEP 2736: “Any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office.” This means that…
Read MoreWhat are the types of applicant delay that can reduce patent term adjustment?
There are several types of applicant delay that can reduce patent term adjustment, as outlined in MPEP 2732: Failure to file a reply within the specified time period Submission of a supplemental reply or other paper Submission of preliminary amendments or other preliminary papers less than one month before the mailing of an Office action…
Read MoreWhat is the “three-year pendency” rule for patent term adjustment?
The “three-year pendency” rule is a key provision in patent term adjustment, as outlined in 37 CFR 1.702(b). Under this rule: A patent is entitled to term adjustment if the USPTO fails to issue the patent within three years of the actual filing date Certain time periods are excluded from this three-year calculation, such as…
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