What are the legal provisions for patent term adjustments filed after May 29, 2000?
For utility and plant patents filed on or after May 29, 2000, the legal provisions for patent term adjustments are: Statutory Basis: 35 U.S.C. 154(b) (effective May 29, 2000 and amended thereafter) Implementing Regulations: 37 CFR 1.702 – 1.705 As stated in the MPEP: “Utility and plant patents issuing on applications filed on or after…
Read MoreWhat is the legal basis for prohibiting third-party submissions on patent term adjustment?
The legal basis for prohibiting third-party submissions on patent term adjustment is rooted in both statutory law and USPTO regulations. MPEP 2736 cites the following: “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 a…
Read MoreCan you request reconsideration of patent term adjustment after the two-month deadline?
Can you request reconsideration of patent term adjustment after the two-month deadline? Generally, requests for reconsideration of patent term adjustment filed after the two-month deadline are dismissed as untimely. However, MPEP 2734 provides an exception for situations where the applicant can show that the delay was unavoidable: “The two-month time period may be extended under…
Read MoreHow do interference and derivation proceedings affect patent term adjustment?
Interference and derivation proceedings can impact patent term adjustment (PTA) in two ways, as outlined in MPEP 2731: They can create a basis for PTA under 35 U.S.C. 154(b)(1)(C)(i) They can reduce the amount of B-delay awarded under 35 U.S.C. 154(b)(1)(B)(ii) Regarding the first point, MPEP 2731 states: “37 CFR 1.703(c) pertains to the provisions…
Read MoreHow does the submission of an Information Disclosure Statement (IDS) affect patent term adjustment?
The submission of an Information Disclosure Statement (IDS) can affect patent term adjustment as specified in 37 CFR 1.704(d). Key points include: An IDS submission may not be considered a failure to engage in reasonable efforts to conclude prosecution if certain conditions are met The IDS must be accompanied by a statement that each item…
Read MoreWhat should I do if I believe the Patent Term Adjustment on my patent is incorrect?
If you believe the Patent Term Adjustment (PTA) indicated on your patent is incorrect, you have several options depending on whether you think it’s too long or too short: If you think the PTA is too short: File a request for reconsideration using the procedures set forth in 37 CFR 1.705(b). This is the official…
Read MoreHow does filing an Information Disclosure Statement (IDS) affect patent term adjustment?
Filing an Information Disclosure Statement (IDS) can potentially reduce patent term adjustment under certain circumstances. However, the reduction can be avoided if the IDS is accompanied by a statement under 37 CFR 1.704(d). The MPEP states: “37 CFR 1.704(d) provides that a paper containing only an information disclosure statement in compliance with 37 CFR 1.97…
Read MoreHow is the A-delay calculated for patent term adjustment?
The A-delay is calculated based on the USPTO’s failure to meet certain deadlines during patent prosecution. According to MPEP 2731, there are several components to the A-delay: Failure to issue a first Office action within 14 months of filing Failure to respond to a reply within 4 months Failure to act on an application within…
Read MoreWhat are the grounds for patent term adjustment?
The grounds for patent term adjustment are specified in 37 CFR 1.702 and include: Delays due to the USPTO failing to take certain actions within specified timeframes Delays due to the USPTO failing to issue a patent within three years of the actual filing date Delays due to interferences, secrecy orders, and appeals As stated…
Read MoreWhat factors determine a utility patent’s expiration date?
According to MPEP 2211, several factors determine a utility patent’s expiration date: The term of the patent Payment of maintenance fees Any disclaimer filed to shorten the patent term Patent term extensions or adjustments for delays within the Office under 35 U.S.C. 154 (see MPEP § 2710, et seq.) Patent term extensions available under 35…
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