How did the AIA Technical Corrections Act change the calculation of the fourteen-month period for patent term adjustment?

The AIA Technical Corrections Act, enacted on January 14, 2013, changed the calculation of the fourteen-month period for patent term adjustment in national stage applications. The MPEP states: “The AIA Technical Corrections Act, enacted on January 14, 2013, amended 35 U.S.C. 154(b)(1)(A)(i)(II) to change “the date on which an international application fulfilled the requirements of…

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Is a requirement for information under 37 CFR 1.105 considered an Office action for patent term adjustment purposes?

Yes, a requirement for information under 37 CFR 1.105 is considered an Office action for patent term adjustment purposes. MPEP § 704.13 explicitly states: A requirement for information under 37 CFR 1.105 is an Office action under 35 U.S.C. 132 for patent term adjustment purposes. This means that the issuance of a requirement for information…

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How does a continuation application affect the patent term?

A continuation application can have significant implications for the patent term. Here are key points to understand: Patent Term Calculation: The term of a patent stemming from a continuation application is generally calculated from the filing date of the earliest application in the chain to which priority is claimed. 20-Year Term: Under current U.S. law,…

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