What is the effect of a delayed submission of a benefit claim on patent term adjustment?
A delayed submission of a benefit claim can have significant implications for patent term adjustment (PTA). According to MPEP 211.04:
“If a petition under 37 CFR 1.78 to accept an unintentionally delayed benefit claim is granted, the petition decision will notify applicant that the patent term adjustment statement in the notice of allowance may need to be revised if the patent issues on a date that is more than four months after the date the petition was filed.”
This means that if the petition is granted and the patent issues more than four months after the petition filing date, the patent term adjustment may need to be recalculated. The delay in submitting the benefit claim could potentially reduce the patent term adjustment, as it may be considered applicant delay under the PTA rules.
It’s important for applicants to be aware that delayed benefit claims can affect the overall patent term, potentially shortening the effective life of the patent.
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