What are the types of applicant delay that can reduce patent term adjustment?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

There are several types of applicant delay that can reduce patent term adjustment, as outlined in MPEP 2732:

  • Failure to file a reply within the specified time period
  • Submission of a supplemental reply or other paper
  • Submission of preliminary amendments or other preliminary papers less than one month before the mailing of an Office action
  • Submission of papers after a decision by the Patent Trial and Appeal Board or by a federal court
  • Failure to file an appeal brief or reply brief within the specified time period
  • Failure to pay certain fees within the specified time period

Each of these types of delay can result in a reduction of the patent term adjustment, potentially shortening the overall patent term.

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2732 - Reduction Of Period Of Adjustment Of Patent Term Patent Law Patent Procedure
Tags: Appeal Notice Filing, Examination Authority, Fees 1 17, Fees 1 18, Pta Reduction