What is the impact of filing a Request for Continued Examination (RCE) on patent term adjustment?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. Filing a Request for Continued Examination (RCE) after a notice of allowance has been mailed can result in a reduction of patent term adjustment. According to 37 CFR 1.704(c)(12) : “Submission of a request for continued examination under 35 U.S.C. 132(b) after any notice of allowance under 35 U.S.C. 151 has been mailed as constituting a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application, in which case the period of adjustment set forth in 37 CFR 1.703 shall be reduced by the number of days, if any, beginning on the day after the date of mailing of the notice of allowance under 35 U.S.C. 151 and ending on the date the request for continued examination under 35 U.S.C. 132(b) was filed.” However, there is an exception to this reduction. If the RCE is filed only to submit an information disclosure statement (IDS) and is accompanied by a statement under 37 CFR 1.704(d), it will not be considered a failure to engage in reasonable efforts to conclude prosecution. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse PTA Reduction of Patent Term Adjustment Provisions Relabeled MPEP 2732 Reduction of Patent Term Adjustment Due to Applicant Inaction MPEP 2732 Filing Request for Continued Examination After Notice of Allowance Reduces Patent Term Adjustment MPEP 2732 Period of Adjustment Reduced by Mailing Dates MPEP 2732 Required Period of Adjustment Reduced by Lesser Days or Four Months MPEP 2732 Required Adjustment of Patent Term for Delayed Reply MPEP 2732 Required Period of Adjustment Reduced by Mailing Dates MPEP 2732 Required Request for Continued Examination After Allowance Reduces Patent Term Adjustment MPEP 27...