What must be included in 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.

According to 37 CFR 1.705(b), a request for reconsideration of patent term adjustment must include:

  • The fee set forth in 37 CFR 1.18(e)
  • A statement of the facts involved, specifying:
    • The correct patent term adjustment and the basis for the adjustment
    • The relevant dates for which an adjustment is sought
    • The adjustment to which the patent is entitled
    • Whether the patent is subject to a terminal disclaimer
    • Any circumstances constituting a failure to engage in reasonable efforts to conclude processing or examination of the application
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