What is the “due care” standard for reinstating reduced patent term adjustment?
The “due care” standard for reinstating reduced patent term adjustment is higher than the ordinary due care standard. According to the MPEP, “the phrases ‘all due care’ and ‘unable to respond’ invoke a higher degree of care than the ordinary due care standard of 35 U.S.C. 133, as well as the ‘reasonable efforts to conclude…
Read MoreWhat is the difference between patent term extension and patent term adjustment?
Patent term extension and patent term adjustment are two distinct concepts in U.S. patent law, each applying to different time periods and situations: Patent Term Extension: Applies to utility and plant patents filed between June 8, 1995, and May 28, 2000 Governed by former 35 U.S.C. 154(b) and 37 CFR 1.701 Detailed in MPEP §…
Read MoreAre design patents eligible for patent term adjustment?
No, design patents are not eligible for patent term adjustment. According to MPEP 2751: “The patent term adjustment provisions of 35 U.S.C. 154(b) as amended by the American Inventors Protection Act of 1999 apply to original utility and plant patents issuing on applications filed on or after May 29, 2000.“ This statement explicitly mentions utility…
Read MoreHow does filing a continuing application affect patent term adjustment?
Filing a continuing application can significantly impact patent term adjustment. According to 37 CFR 1.704(c)(14): “Further prosecution via a continuing application, in which case the period of adjustment set forth in 37 CFR 1.703 shall not include any period that is prior to the actual filing date of the application that resulted in the patent.”…
Read MoreWhat is meant by an application being in “condition for examination” for patent term adjustment purposes?
The concept of an application being in “condition for examination” is important for patent term adjustment calculations, particularly in relation to 37 CFR 1.704(c)(13). According to 37 CFR 1.704(f), an application filed under 35 U.S.C. 111(a) is in condition for examination when it includes: A specification, including at least one claim and an abstract Papers…
Read MoreHow does claim sorting affect patent term adjustment?
Claim sorting can have a significant impact on patent term adjustment (PTA). The MPEP 2304.01(d) indicates: “An applicant may be entitled to a day-for-day patent term adjustment for any time spent in an interference.” By sorting claims and potentially avoiding or streamlining interference proceedings, applicants may minimize delays in patent examination. This can affect the…
Read MoreHow can I check the accuracy of the data used for Patent Term Adjustment calculations?
The USPTO provides a way for applicants to check the accuracy of the data used in Patent Term Adjustment (PTA) calculations throughout the prosecution process. According to MPEP 2733: “Information as to how the patent term adjustment calculation has been made will be available through Patent Application Information Retrieval (PAIR) at www.uspto.gov/learning-and-resources/portal-applications. Applicants may routinely…
Read MoreCan I request a Certificate of Correction to change the Patent Term Adjustment on my patent?
Generally, the USPTO does not grant requests for Certificates of Correction to revise the Patent Term Adjustment (PTA) indicated on a patent. According to MPEP 2733: “The Office will not grant a request for a certificate of correction under either 35 U.S.C. 254 or 255 to revise the patent term adjustment indicated in a patent,…
Read MoreWhat are “B delays” in patent term adjustment?
“B delays” are another category of delays in the patent examination process that can lead to patent term adjustments. According to MPEP 2731, B delays occur when: The USPTO fails to issue a patent within three years of the actual filing date of the application The application is involved in an interference proceeding The application…
Read MoreWhat are applicant delays in patent term adjustment?
Applicant delays are periods during patent prosecution that reduce the overall patent term adjustment. According to MPEP 2731, applicant delays include: Failing to reply to a notice or action within three months Filing a supplemental reply or other paper that was not expressly requested by the examiner Submitting a preliminary amendment or other preliminary paper…
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