What is the “three-year pendency” rule for patent term adjustment?
The “three-year pendency” rule is a key provision in patent term adjustment, as outlined in 37 CFR 1.702(b). Under this rule: A patent is entitled to term adjustment if the USPTO fails to issue the patent within three years of the actual filing date Certain time periods are excluded from this three-year calculation, such as…
Read MoreWhat is the three-year pendency adjustment (B-delay) in patent term adjustment?
The three-year pendency adjustment, also known as B-delay, is a component of patent term adjustment that compensates applicants when patent issuance is delayed beyond three years from the actual filing date. According to MPEP 2731: “37 CFR 1.703(b) pertains to the provisions of 35 U.S.C. 154(b)(1)(B) and indicates that the period of adjustment under 37…
Read MoreHow is the period of patent term adjustment calculated?
The period of patent term adjustment is calculated based on various factors outlined in 37 CFR 1.703. The calculation includes: Delays due to the USPTO failing to meet certain deadlines Delays beyond three years from the actual filing date Delays due to interferences, secrecy orders, and successful appeals The MPEP states, “37 CFR 1.703 specifies…
Read MoreWhat are the grounds for patent term adjustment?
The grounds for patent term adjustment are specified in 37 CFR 1.702 and include: Delays due to the USPTO failing to take certain actions within specified timeframes Delays due to the USPTO failing to issue a patent within three years of the actual filing date Delays due to interferences, secrecy orders, and appeals As stated…
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