What actions can reduce patent term adjustment?
Several actions by the applicant can reduce patent term adjustment, including: Suspension of action at the applicant’s request Deferral of issuance of a patent Abandonment of the application or late payment of the issue fee Failure to file a petition to withdraw holding of abandonment or revive an application within 2 months Conversion of a…
Read MoreHow does abandonment of an application affect patent term adjustment?
Abandonment of an application can significantly impact patent term adjustment. According to 37 CFR 1.704(c)(3): “Abandonment of the application or late payment of the issue fee as a circumstance that constitutes a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application.” For applications where a notice of…
Read MoreWhat are “A delays” in patent term adjustment?
“A delays” are a specific type of delay attributed to the USPTO in the patent examination process. According to MPEP 2731, A delays include: Failure to provide certain notifications within 14 months of filing Failure to respond to a reply within 4 months Failure to act on an application within 4 months after a decision…
Read MoreWhat is the significance of the “Date of Completion of all 35 U.S.C. 371 Requirements”?
The “Date of Completion of all 35 U.S.C. 371 Requirements” is significant for patent term adjustment in pre-AIA national stage applications. The MPEP explains: “The “Date of Completion of all 35 U.S.C. 371 Requirements” included on the NOTICE OF ACCEPTANCE OF APPLICATION UNDER 35 U.S.C. 371 AND 37 CFR 1.495 (Form PCT/DO/EO/903) in pre-AIA national…
Read MoreHow does rescinding a nonpublication request affect patent term adjustment?
Rescinding a nonpublication request unnecessarily can potentially affect patent term adjustment. The MPEP 1123 cautions: “An applicant should not rescind a nonpublication request or provide a notice of foreign filing unless a nonpublication request was actually made, because filing a rescission when one is not needed leads to a waste of Office resources and may…
Read MoreHow does a reissue application affect patent term adjustment?
How does a reissue application affect patent term adjustment? A reissue application does not affect the patent term adjustment (PTA) of the original patent. The MPEP 1405 states: “The filing of a reissue application does not affect the patent term adjustment under 35 U.S.C. 154(b) of the original patent.” This means that any PTA granted…
Read MoreHow does withdrawing a patent application from issue affect the patent term?
Withdrawing a patent application from issue can potentially affect the patent term in several ways: If the withdrawal leads to continued examination, it may result in patent term adjustment (PTA) under certain circumstances. The filing of a Request for Continued Examination (RCE) stops the accrual of “B delay” for PTA purposes. If the withdrawal results…
Read MoreWhat role does the Director of International Patent Legal Administration play in patent term adjustments?
The Director of International Patent Legal Administration has a specific role in patent term adjustments for international applications. Their responsibilities include: Deciding any issue regarding a request for recalculation of patent term adjustment where the application is an international application This is explicitly stated in MPEP 1002.02(p): “The Director of International Patent Legal Administration decides…
Read MoreWhat is the significance of the issue fee payment date?
The issue fee payment date is significant for several reasons: It determines the patent term adjustment under 35 U.S.C. 154(b). The patent will be issued approximately four weeks after the issue fee payment date. It affects the timing of maintenance fee payments for utility patents. MPEP 1306 notes: “The date of payment of the issue…
Read MoreWhat are the consequences of submitting a request for corrected publication for non-material mistakes?
Submitting a request for corrected publication under 37 CFR 1.221(b) for non-material mistakes can have unintended consequences. The MPEP warns: “A request for corrected publication under 37 CFR 1.221(b) may result in a patent term adjustment reduction where the Office made only non-material errors (especially those listed above).” This means that if you request a…
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