How do RCE filings affect patent term adjustment?

Request for Continued Examination (RCE) filings can significantly impact patent term adjustment calculations. According to MPEP 2731: Time consumed by continued examination of the application requested by the applicant under 35 U.S.C. 132(b) is not included in the “B delay” three-year period The filing of an RCE within three years of the application’s actual filing…

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What are “B delays” in patent term adjustment?

“B delays” are another category of delays in the patent examination process that can lead to patent term adjustments. According to MPEP 2731, B delays occur when: The USPTO fails to issue a patent within three years of the actual filing date of the application The application is involved in an interference proceeding The application…

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