What must be included in a request for reconsideration of patent term adjustment?
According to 37 CFR 1.705(b), a request for reconsideration of patent term adjustment must include: The fee set forth in 37 CFR 1.18(e) A statement of the facts involved, specifying: The correct patent term adjustment and the basis for the adjustment The relevant dates for which an adjustment is sought The adjustment to which the…
Read MoreWhat should be included in a request for reconsideration of patent term adjustment?
What should be included in a request for reconsideration of patent term adjustment? According to MPEP 2734, a request for reconsideration of patent term adjustment should include: The correct patent term adjustment and the basis or bases under 37 CFR 1.702 for the adjustment Any relevant dates cited to support the adjustment How the applicant’s…
Read MoreWhat is the deadline for filing a request for reconsideration of patent term adjustment?
What is the deadline for filing a request for reconsideration of patent term adjustment? The deadline for filing a request for reconsideration of patent term adjustment is within two months from the date the patent was granted. This is stated in MPEP 2734, which quotes 37 CFR 1.705(b): “Any request for reconsideration of the patent…
Read MoreWhat are the specific eligibility requirements for patent term adjustment?
The specific eligibility requirements for patent term adjustment are outlined in MPEP 2751. These include: The patent must be an original utility or plant patent issued on or after May 29, 2000. The application for the patent must have been filed on or after May 29, 2000. The patent must not be subject to a…
Read MoreWhat is Patent Term Adjustment (PTA) and how is it determined?
Patent Term Adjustment (PTA) is a mechanism to compensate patent applicants for delays in the patent examination process. It is determined based on various factors and calculations as outlined in 35 U.S.C. 154(b). According to MPEP 2733, “The patent will include notification of any patent term adjustment under 35 U.S.C. 154(b).” This means that the…
Read MoreHow 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…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreHow are overlapping delay periods handled in patent term adjustment calculations?
The handling of overlapping delay periods in patent term adjustment (PTA) calculations is addressed in MPEP 2731. The key principle is that the total PTA cannot exceed the actual number of days the issuance of the patent was delayed. Specifically: “37 CFR 1.703(f) indicates that the adjustment will run from the expiration date of the…
Read MoreHow 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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