Who can file a petition for patent term adjustment?
While MPEP 2736 does not explicitly state who can file a petition for patent term adjustment, it clearly indicates who cannot file such petitions. The section states: “No submission or petition on behalf of a third party concerning patent term adjustment under 35 U.S.C. 154(b) will be considered by the Office.” By inference, this means…
Read MoreHow can I file a petition for delayed payment of maintenance fees?
To file a petition for delayed payment of maintenance fees, follow these steps according to MPEP 2590: Use form PTO/SB/66, available on the USPTO forms website. Mark the front page of the communication “Attention: Office of Petitions”. Address the petition to:Mail Stop PetitionCommissioner for PatentsP.O. Box 1450Alexandria, Virginia 22313-1450 Include the required maintenance fee, petition…
Read MoreWhat is the time limit for filing a petition for a derivation proceeding?
The time limit for filing a petition for a derivation proceeding is specified in MPEP 2310 and 35 U.S.C. 135(a). According to these sources: “A petition for a derivation proceeding must be filed within 1 year of the first publication of a claim to an invention that is the same or substantially the same as…
Read MoreHow does the USPTO determine if a delay in filing a petition was unintentional?
How does the USPTO determine if a delay in filing a petition was unintentional? The USPTO considers the entire delay in filing a petition to revive an abandoned application as unintentional if the delay was not intentional. The MPEP section 711.03(c) provides guidance on this: The USPTO requires additional information concerning whether a delay in…
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