How does a request for suspension of action affect patent term adjustment?
How does a request for suspension of action affect patent term adjustment?
A request for suspension of action can negatively impact patent term adjustment (PTA). According to MPEP 709:
‘Note that the period of suspension under 37 CFR 1.103(a)-(d) is calculated from the date of approval and is added to the time period for reply set forth in the action or notice that was suspended.’
This means that the time during which action is suspended is generally not counted towards PTA. Applicants should be aware that requesting a suspension may result in a shorter patent term, as the suspension period effectively extends the prosecution timeline without extending the patent term.
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