How are patent term adjustments affected by interferences?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Patent term adjustments related to interferences are addressed in MPEP 2303. The section states:

Patent term adjustments may be available for patents whose issuance has been delayed for an interference. See pre-AIA 35 U.S.C. 154(b)(1)(C)(i).

This means that if a patent’s issuance is delayed due to an interference proceeding, the patentee may be eligible for an extension of the patent term. However, it’s important to note that this applies to pre-AIA (America Invents Act) cases, and the specific circumstances and calculations for such adjustments can be complex.

Topics: MPEP 2300 - Interference And Derivation Proceedings MPEP 2303 - Completion Of Examination Patent Law Patent Procedure
Tags: Aia Practice, Contested Case Jurisdiction, Interference Declaration, judicial review, Restriction Requirement