What happens to the patent term adjustment during a suspension of action?
What happens to the patent term adjustment during a suspension of action?
The impact of a suspension of action on patent term adjustment (PTA) depends on the type of suspension. According to MPEP 709:
- Applicant-requested suspensions: These generally do not stop the accrual of patent term adjustment. The time consumed by the suspension is considered time attributable to the applicant.
- Examiner-initiated suspensions: These may result in additional patent term adjustment if they extend beyond certain time limits set by the USPTO.
The MPEP 2730 provides more detailed information on how different types of delays affect patent term adjustment. It’s important to consider the potential impact on PTA when requesting or agreeing to a suspension of action.
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