What should be included in a request for reconsideration of patent term adjustment?
What should be included in a request for reconsideration of patent term adjustment?
According to MPEP 2734, a request for reconsideration of patent term adjustment should include:
- The correct patent term adjustment and the basis or bases under 37 CFR 1.702 for the adjustment
- Any relevant dates cited to support the adjustment
- How the applicant’s calculation of patent term adjustment differs from the USPTO’s calculation
- The relevant facts that support the applicant’s position
The MPEP states: “Any request for reconsideration of the patent term adjustment indicated on the patent must be by way of an application for patent term adjustment … accompanied by the fee set forth in 37 CFR 1.18(e) and the statement of the facts involved specified in 37 CFR 1.705(b)(2).”
It’s crucial to provide a clear and detailed explanation of why you believe the patent term adjustment should be different from what was originally calculated by the USPTO.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2734 - Application For Patent Term Adjustment; Due Care Showing,
Patent Law,
Patent Procedure