How can an applicant request reconsideration of the patent term adjustment?
An applicant can request reconsideration of the patent term adjustment as outlined in 37 CFR 1.705(b). The process includes:
- Filing an application for patent term adjustment within two months of the patent grant date
- Paying the required fee
- Providing a statement of facts specifying the correct adjustment and bases for it
The MPEP states, “Any request for reconsideration of the patent term adjustment indicated on the patent must be by way of an application for patent term adjustment filed no later than two months from the date the patent was granted.” This two-month period may be extended under 37 CFR 1.136(a).
To learn more:
Topics:
2000; Grounds For Adjustment,
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2730 - Applications Filed On Or After May 29,
Patent Law,
Patent Procedure