Are design patents eligible for term extensions or adjustments?
No, design patents are not eligible for term extensions or adjustments due to USPTO delays. The MPEP explicitly states: “Since the term of a design patent is not affected by the length of time prosecution takes place, there are no patent term adjustment provisions for design patents.” This applies to all design patents, including those…
Read MoreWhat 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…
Read MoreWhat are “A delays” in patent term adjustment?
“A delays” are a specific type of delay attributed to the USPTO in the patent examination process. According to MPEP 2731, A delays include: Failure to provide certain notifications within 14 months of filing Failure to respond to a reply within 4 months Failure to act on an application within 4 months after a decision…
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