What is the three-year pendency adjustment (B-delay) in patent term adjustment?

The three-year pendency adjustment, also known as B-delay, is a component of patent term adjustment that compensates applicants when patent issuance is delayed beyond three years from the actual filing date. According to MPEP 2731: “37 CFR 1.703(b) pertains to the provisions of 35 U.S.C. 154(b)(1)(B) and indicates that the period of adjustment under 37…

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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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Why is suspension of prosecution discouraged in potential interference cases?

The MPEP discourages the suspension of prosecution in potential interference cases. Specifically, it states: Suspension of prosecution pending a possible interference should be rare and should not be entered prior to the consultation required by Practice 1 above. This guidance reflects a shift in patent examination practice. The MPEP explains the reasoning behind this approach:…

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How do secrecy orders affect patent term adjustment?

Secrecy orders can have a significant impact on patent term adjustment (PTA). According to MPEP 2731, there are several ways in which a secrecy order can affect PTA: “37 CFR 1.703(d) pertains to the provisions of 35 U.S.C. 154(b)(1)(C)(ii) and indicates that the period of adjustment under 37 CFR 1.702(d) is the sum of the…

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