How did the AIA Technical Corrections Act change the calculation of the fourteen-month period for patent term adjustment?
The AIA Technical Corrections Act, enacted on January 14, 2013, changed the calculation of the fourteen-month period for patent term adjustment in national stage applications. The MPEP states:
“The AIA Technical Corrections Act, enacted on January 14, 2013, amended 35 U.S.C. 154(b)(1)(A)(i)(II) to change “the date on which an international application fulfilled the requirements of section 371” to “the date of commencement of the national stage under section 371 in an international application.”“
This change means that for national stage applications, the fourteen-month period for patent term adjustment is now measured from the date of commencement of the national stage under 35 U.S.C. 371, rather than the date when all requirements under 35 U.S.C. 371 were fulfilled. This modification can affect the calculation of patent term adjustments for certain applications.
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