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…
Read MoreHow does a suspension of action affect patent term adjustment?
A suspension of action can have a negative impact on patent term adjustment. According to MPEP 709, “Suspension of action under 37 CFR 1.103(a) – (d) at the applicant’s request will cause a reduction in patent term adjustment accumulated (if any) under 37 CFR 1.703. The reduction is equal to the number of days beginning…
Read MoreHow does a request for suspension of action affect patent term adjustment?
How does a request for suspension of action affect patent term adjustment? A request for suspension of action can negatively impact patent term adjustment (PTA). According to MPEP 709: ‘Note that the period of suspension under 37 CFR 1.103(a)-(d) is calculated from the date of approval and is added to the time period for reply…
Read MoreHow does submitting a supplemental reply affect patent term adjustment?
Submitting a supplemental reply can negatively affect patent term adjustment (PTA) as described in MPEP 2732. The MPEP states: “[T]he submission of a supplemental reply or other paper (after a reply has been filed), will result in a reduction of patent term adjustment under 37 CFR 1.704(c)(8) or (c)(10) unless the supplemental reply or other…
Read MoreIs 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…
Read MoreWhat is the effect of filing a petition to revive on patent term adjustment?
Filing a petition to revive an abandoned application can affect patent term adjustment (PTA) in the following ways: For applications filed on or after May 29, 2000, any patent term adjustment is automatically reduced under 37 CFR 1.704(c)(4) if a petition to revive is not filed within 2 months of the notice of abandonment If…
Read MoreWhat happens to the patent term adjustment during a suspension of action?
What happens to the patent term adjustment during a suspension of action? The impact of a suspension of action on patent term adjustment (PTA) depends on the type of suspension. According to MPEP 709: Applicant-requested suspensions: These generally do not stop the accrual of patent term adjustment. The time consumed by the suspension is considered…
Read MoreHow long do I have to respond to a notice about an unlocatable file?
The time period for responding to a notice about an unlocatable file depends on whether it’s for an application or a patent: For applications: The USPTO typically sets a three-month period, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months. For patents: A six-month non-extendable…
Read MoreHow 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,…
Read MoreHow does filing a delayed benefit claim affect patent term adjustment?
Filing a delayed benefit claim can have significant implications for patent term adjustment (PTA). According to MPEP 211.04: ‘If a benefit claim is submitted later than the time period provided by 37 CFR 1.78, the patent will not be granted the earlier filing date unless a petition under 37 CFR 1.78 is granted. If the…
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