How does a suspension of action affect patent term adjustment?

A suspension of action can have a negative impact on patent term adjustment. According to MPEP 709, “Suspension of action under 37 CFR 1.103(a) – (d) at the applicant’s request will cause a reduction in patent term adjustment accumulated (if any) under 37 CFR 1.703. The reduction is equal to the number of days beginning on the date a request for suspension of action was filed and ending on the date of the termination of the suspension.” This means that the patent term adjustment will be reduced by the duration of the suspension period, potentially shortening the effective patent term.

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Tags: Mpep 709, patent term adjustment, Suspension Of Action, USPTO