What is the deadline for filing a request for reconsideration of 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.

The deadline for filing a request for reconsideration of patent term adjustment is within two months from the date the patent was granted. This is stated in MPEP 2734, which quotes 37 CFR 1.705(b): “Any request for reconsideration of the patent term adjustment indicated on the patent must be by way of an application for patent term adjustment filed no later than two months from the date the patent was granted.”

It’s important to note that this two-month period is not extendable. Applicants should be aware of this strict deadline to ensure they don’t miss the opportunity to request reconsideration of the patent term adjustment.

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2734 - Application For Patent Term Adjustment; Due Care Showing Patent Law Patent Procedure
Tags: patent term adjustment, Reconsideration, two-month period