How is the period of patent term adjustment calculated?

The period of patent term adjustment is calculated based on various factors outlined in 37 CFR 1.703. The calculation includes: Delays due to the USPTO failing to meet certain deadlines Delays beyond three years from the actual filing date Delays due to interferences, secrecy orders, and successful appeals The MPEP states, “37 CFR 1.703 specifies…

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What is the policy on issuing patents with allowed claims in relation to potential interferences?

The Manual of Patent Examining Procedure (MPEP) emphasizes the importance of issuing patents with allowed claims to the greatest extent possible, even when potential interferences exist. This is due to the fact that applicants may be eligible for patent term adjustments to offset delays in examination. As stated in MPEP 2303.01: “Since applicants may be…

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What is the Patent Application Locating and Monitoring (PALM) system used for in patent term adjustment?

The Patent Application Locating and Monitoring (PALM) system is a crucial tool used by the USPTO in determining patent term adjustment (PTA). As stated in 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…

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How can the impact of suspension on patent term adjustment be minimized?

To minimize the impact of suspension on patent term adjustment during an interference proceeding, the MPEP 2307.03 suggests considering certain steps. Specifically, it states: “Steps should be considered to minimize the effect of any patent term adjustment that would result from the suspension.” One strategy outlined in the MPEP is to use restriction requirements: “For…

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