How does the USPTO handle patent term adjustments in relation to unlocatable file notices?

The USPTO has specific rules regarding patent term adjustments when dealing with notices about unlocatable files. According to the MPEP:

If, however, an applicant fails to reply to a notice under 37 CFR 1.251 within three months of its mailing date, any patent term adjustment under 35 U.S.C. 154(b) will be reduced by a period equal to the number of days (if any) beginning on the day after the date that is three months after the mailing date of the notice under 37 CFR 1.251 and ending on the date the reply to the notice under 37 CFR 1.251 was filed.

This reduction in patent term adjustment is based on 35 U.S.C. 154(b)(2)(C)(ii) and 37 CFR 1.704(b). It’s important to note that this reduction applies even if the applicant responds within the overall six-month period allowed for reply (including extensions).

This policy underscores the importance of prompt action in response to such notices, as delays can directly impact the duration of patent protection.

For more information on patent term adjustment, visit: patent term adjustment.