What should be included in a request for reconsideration of patent term adjustment?
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 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.