What are the types of applicant delay that can reduce patent term adjustment?
There are several types of applicant delay that can reduce patent term adjustment, as outlined in MPEP 2732: Failure to file a reply within the specified time period Submission of a supplemental reply or other paper Submission of preliminary amendments or other preliminary papers less than one month before the mailing of an Office action…
Read MoreWhat is the three-month rule for replying to Office actions in relation to patent term adjustment?
The three-month rule for replying to Office actions is an important consideration in patent term adjustment calculations. According to 37 CFR 1.704(b): “[A]n applicant shall be deemed to have failed to engage in reasonable efforts to conclude processing or examination of an application for the cumulative total of any periods of time in excess of…
Read MoreHow does the submission of a supplemental reply affect patent term adjustment?
The submission of a supplemental reply can lead to a reduction in patent term adjustment. According to 37 CFR 1.704(c)(8): “Submission of a supplemental reply or other paper after a reply has been filed as a circumstance that constitutes a failure of an applicant to engage in reasonable efforts to conclude processing or examination of…
Read MoreWhat is the “safe harbor” provision for patent term adjustment reductions?
The “safe harbor” provision for patent term adjustment (PTA) reductions is an important exception described in MPEP 2732. This provision is outlined in 37 CFR 1.704(d) and states: “A paper containing only an information disclosure statement in compliance with §§ 1.97 and 1.98 will not be considered a failure to engage in reasonable efforts to…
Read MoreWhat is the impact of filing a Request for Continued Examination (RCE) on patent term adjustment?
Filing a Request for Continued Examination (RCE) after a notice of allowance has been mailed can result in a reduction of patent term adjustment. According to 37 CFR 1.704(c)(12): “Submission of a request for continued examination under 35 U.S.C. 132(b) after any notice of allowance under 35 U.S.C. 151 has been mailed as constituting a…
Read MoreWhat actions can reduce the period of patent term adjustment?
Several actions by the applicant can reduce the period of patent term adjustment, as outlined in 37 CFR 1.704. These include: Failing to reply to an Office action within three months Submitting a supplemental reply or other paper Filing an RCE after a notice of allowance Failing to file an appeal brief within three months…
Read MoreHow does filing an Information Disclosure Statement (IDS) affect patent term adjustment?
Filing an Information Disclosure Statement (IDS) can potentially reduce patent term adjustment under certain circumstances. However, the reduction can be avoided if the IDS is accompanied by a statement under 37 CFR 1.704(d). The MPEP states: “37 CFR 1.704(d) provides that a paper containing only an information disclosure statement in compliance with 37 CFR 1.97…
Read MoreWhat is meant by an application being in “condition for examination” for patent term adjustment purposes?
The concept of an application being in “condition for examination” is important for patent term adjustment calculations, particularly in relation to 37 CFR 1.704(c)(13). According to 37 CFR 1.704(f), an application filed under 35 U.S.C. 111(a) is in condition for examination when it includes: A specification, including at least one claim and an abstract Papers…
Read MoreWhat 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…
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