What is the “safe harbor” provision for patent term adjustment reductions?
The “safe harbor” provision for patent term adjustment (PTA) reductions is an important exception described in MPEP 2732. This provision is outlined in 37 CFR 1.704(d) and states: “A paper containing only an information disclosure statement in compliance with ยงยง 1.97 and 1.98 will not be considered a failure to engage in reasonable efforts to…
Read MoreHow can an applicant request reconsideration of the patent term adjustment?
An applicant can request reconsideration of the patent term adjustment as outlined in 37 CFR 1.705(b). The process includes: Filing an application for patent term adjustment within two months of the patent grant date Paying the required fee Providing a statement of facts specifying the correct adjustment and bases for it The MPEP states, “Any…
Read MoreWhy does the USPTO prohibit third-party submissions on patent term adjustment?
The USPTO prohibits third-party submissions on patent term adjustment to maintain the integrity and efficiency of the patent process. While MPEP 2736 doesn’t explicitly state the reasons, we can infer several potential justifications: To prevent unnecessary interference in the patent process To maintain the direct relationship between the USPTO and the patent applicant/owner To avoid…
Read MoreHow do RCE filings affect patent term adjustment?
Request for Continued Examination (RCE) filings can significantly impact patent term adjustment calculations. According to MPEP 2731: Time consumed by continued examination of the application requested by the applicant under 35 U.S.C. 132(b) is not included in the “B delay” three-year period The filing of an RCE within three years of the application’s actual filing…
Read MoreWhat is the impact of filing a Request for Continued Examination (RCE) on patent term adjustment?
Filing a Request for Continued Examination (RCE) after a notice of allowance has been mailed can result in a reduction of patent term adjustment. According to 37 CFR 1.704(c)(12): “Submission of a request for continued examination under 35 U.S.C. 132(b) after any notice of allowance under 35 U.S.C. 151 has been mailed as constituting a…
Read MoreWhat are patent term extensions and adjustments?
Patent term extensions and adjustments are mechanisms to extend the term of a patent beyond the standard 20-year period. There are two main types: Patent term adjustments under 35 U.S.C. 154 for delays within the USPTO. These apply to utility and plant patents issuing from applications filed on or after June 8, 1995. Patent term…
Read MoreWhat patents are eligible for term extensions or adjustments due to USPTO delays?
The eligibility for patent term extensions or adjustments due to USPTO delays depends on the filing date of the patent application: Utility and plant patents filed between June 8, 1995, and May 28, 2000: Eligible for patent term extension under former 35 U.S.C. 154(b) and 37 CFR 1.701. Utility and plant patents filed on or…
Read MoreHow are patent term adjustments affected by interferences?
Patent term adjustments related to interferences are addressed in MPEP 2303. The section states: “Patent term adjustments may be available for patents whose issuance has been delayed for an interference. See pre-AIA 35 U.S.C. 154(b)(1)(C)(i).“ This means that if a patent’s issuance is delayed due to an interference proceeding, the patentee may be eligible for…
Read MoreWhen did the rule prohibiting third-party submissions on patent term adjustment take effect?
The rule prohibiting third-party submissions on patent term adjustment has been in effect for patents granted both before and after January 14, 2013. MPEP 2736 states: “For patents granted on or after January 14, 2013, 37 CFR 1.705(d) implements the provisions of 35 U.S.C. 154(b)(4)(B) and provides that no submission or petition on behalf of…
Read MoreWhat actions can reduce the period of patent term adjustment?
Several actions by the applicant can reduce the period of patent term adjustment, as outlined in 37 CFR 1.704. These include: Failing to reply to an Office action within three months Submitting a supplemental reply or other paper Filing an RCE after a notice of allowance Failing to file an appeal brief within three months…
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