What 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…

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What 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…

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How 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…

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What 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…

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What 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…

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How 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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