How can an applicant request reconsideration of the patent term adjustment?
An applicant can request reconsideration of the patent term adjustment as outlined in 37 CFR 1.705(b). The process includes: Filing an application for patent term adjustment within two months of the patent grant date Paying the required fee Providing a statement of facts specifying the correct adjustment and bases for it The MPEP states, “Any…
Read MoreWhat should I do if I believe the Patent Term Adjustment on my patent is incorrect?
If you believe the Patent Term Adjustment (PTA) indicated on your patent is incorrect, you have several options depending on whether you think it’s too long or too short: If you think the PTA is too short: File a request for reconsideration using the procedures set forth in 37 CFR 1.705(b). This is the official…
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,…
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