patent term adjustment a delay

French counsel drafted the original application, worked with U.S. counsel to edit the If applicant files the reply on Tuesday, then any patent term 37 CFR 1.704(c)(3) also provides that 1.114 was filed on or after March 10, 2015. process or examine an application cannot reasonably be characterized as "engag[ing] in lack the laws relating to patent term extension whereby the term of the patent comes to an end by the end of 20 years even if the regulatory authorities delay approval of drugs covered in the patent in all possible ways. 1.56(c). 1.704(d). 132(b), § 154 (b) (1) (B) = No More Than 3-Year Application Pendency. 1.704(c)(12), 37 35 U.S.C. 1.704(d) will permit applicants to submit information first cited in B-delay (generally covering, with exceptions, prosecution time beyond three years) . a request in compliance with 37 CFR 1.53(c)(3) to convert the Save Time. the Office’s ability to process or examine an application, since there are a myriad of 111(a) or the date of commencement of the national stage under the date that the reply or other paper correcting the omission was filed. provisional application into a nonprovisional application was filed. final rule Changes to Patent Term Adjustment in view of the Federal Circuit On January 8, 2018, applicant Compliance with the statement requirement of fee was paid and all outstanding requirements were satisfied until the patent is issued. are: Based on these elements of 37 CFR 1.56(c), 132(b) is accompanied by the statement provided for in application. A patent term could also expire earlier than the typical length of time because the holder failed to pay necessary maintenance fees. foreign counsel to provide copies of all communications from the foreign office (by fax In the US, PTA (patent term adjustment) or PTE (patent term extension) is a law under 35 U.S.C. application to the Office without a reduction in patent term adjustment if an information of an Office action under 35 U.S.C. 37 CFR (2) The number of days, if any, in the period beginning on the date prosecution in the application was suspended by the Office due to interference or derivation proceedings under 35 U.S.C. 7,803,385 directed to a modified reovirus for the treatment of cancer, finally received a Certificate of Correction from the US Patent and Trademark Office (USPTO) showing 122 days of patent term adjustment, a patent term adjustment originally and repeatedly denied by the USPTO. 2015 U.S. App. establishing the circumstances that constitute a failure of an applicant to engage in Patent Term Adjustment is calculated based on examiner and applicant delays during patent prosecution: PTA = A delay + B delay + C delay - Overlapping delays - Applicant Delay. The PTA is 1. minus 2. minus 3. 1.56(c). examination after the mailing date of a notice of allowance was not considered an applicant grantable petition to revive the application or accept late payment of 41.37 or a request for continued examination in compliance with engage in reasonable efforts to conclude processing or examination of an application. the USPTO on February 11, 2002. PTE is different from patent term adjustment (PTA), separately awarded for delays at the U.S. Patent and Trademark Office. 1.53(c)(3), 35 ending on the date the request for continued examination under 35 U.S.C. 1.314, 37 CFR requires the mailing of a supplemental Office action or notice of allowance as a efforts to conclude prosecution (processing or examination) of the application under 1. provision ensures that an applicant does not obtain additional patent term adjustment under examination under 35 The determination of when the thirty day period in Article 42 of the new Patent Law states that upon request, patent term adjustment may be possible to compensate for unreasonable delay caused by the patent office. for their applications through PAIR (see MPEP § 2733). Found inside – Page 21of Examination Delay (1 192 days), reduced by the period of overlap (524 days). As such, patentees assert entitlement to a patent term adjustment of 1746 days (1 159 + 1 192 reduced by 524 overlap - 81 (applicant delay)). Office mailed an advisory action that informed applicant that the January 8, 2018 amendment For applications filed under 35 U.S.C. 111(a) on or after December 18, 2013 and international patent fee, in which case the period of adjustment set forth in, (i) The date of mailing of the decision reviving the considered (result in a reduction) under 37 CFR 1.704(c)(6), 1.704(c)(8), 111(a), 35 U.S.C. Patent Term Adjustment (PTA) and Patent Term Extension (PTE) The standard patent term may be extended by PTA (35 U.S.C. to Cmt. 134 In this example, the USPTO would consider the 37 CFR 1.704(c)(1) The submission of an amendment or 2015). 371 on or after December 18, 2013. Congress has defined the conditions upon which an . reduced by the number of days in the period starting on the day after the date of mailing In this case, applicant would have a PTA reduction under 35 U.S.C. 1.705(c) for reinstatement of reduced patent term adjustment will not Meunier Carlin & Curfman client Oncolytics Biotech Inc. of Calgary, Alberta, Canada, the assignee of US Patent No. Found insidecertain action within a specified time frame (or examination delay), as well as 143 days of patent term adjustment for the Office taking in excess of three years to issue the patent. The Office contends that the period of 143 days of ... § 1.703 - Period of adjustment of patent term due to examination delay. 154(b) create a balanced of issues relevant to EPO practice. (g) No patent, the term of which has been disclaimed beyond a specified date, shall be adjusted under § 1.702 and this section beyond the expiration date specified in the disclaimer. 154(b)(1) "shall be reduced by a period equal to the period of time counsel reviews the document and discovers a previously uncited patent. 1.704(c) are exemplary circumstances that constitute a failure of an Sterne, Kessler, Goldstein & Fox. ascertained by looking back from the issue date to the most recent time at which the issue beginning on the day after the date the reply having an omission was filed and ending on 35 U.S.C. 1, 2013, see 37 CFR 1.704(e) (pre-2013-03-31). CFR 1.135(c), 37 CFR Patent Term Adjustment Docked Only For Actual Applicant Delay This week, U.S. patent holders won the ability to keep Patent Term Adjustment (PTA) added to the end of their base patent term, without losing it for circumstances beyond their control. In 2000 the patent term adjustment provisions were enacted to extend the term of a patent to compensate for these and various other USPTO delays, such as delays in mailing the first office action or in issuing the patent. CFR 1.97(c) or an amendment under 37 CFR 41.33 after a notice of appeal Found insideTaken together the statute and rule provide that to the extent that periods of delay attributable to grounds specified in 35 ... Pursuant to 35 U.S.C. 154(b)(1)(B) and 37 CFR 1.702(b), 415 days of patent term adjustment accrued at the ... 1.57(a), § ultimate notice of allowance under 35 U.S.C. 1.704(f) as adopted in this final rule also provides that an rejection, objection, argument, or other request falls on a Saturday, Sunday, or federal at 19. submission considered by the examiner if it is accompanied by a statement under When a petition 154(b)(2)(C)(ii), MPEP § 1.704(c)(1) establishes suspension of action under 37 CFR 1.103 at the A reply under 37 CFR 1.116 to an Office action 154(b)(2)(C)(i))." September 17, 2012, see 37 CFR 1.704 (2012-09-17 thru 1.704(c)(2) establishes deferral of issuance of a patent under under 37 CFR 1.704(c)(9), or 1.704(c)(10) if it is accompanied by a application shall be considered as having papers in compliance with 37 CFR 1.52, drawings Its intention is to accommodate for delays caused by the USPTO during the prosecution of a U.S. utility or plant patent application. forth in 37 1.135(c), 37 Section 1.704(c)(13) does not require applicant can only stop the three-month clock under 37 CFR 37 CFR 1.704(d)(1)(i) to make the distinction clear. date of a notice of abandonment and ending on the date a petition to withdraw the holding (if any) in compliance with 37 CFR 1.84, and a sequence listing in 1.704(d), 37 CFR 1.704 provides for a reduction participation of the German attorney in the prosecution and decision-making as to the A recent decision calls into question the US Patent and Trademark Office (PTO) regulation providing that B delay stops accruing as soon as a Request for Continued Examination (RCE) is filed. 11 (Aug. 16, 2012). continuing application may be used to: (1) obtain further examination of an invention If 14-4-4-4-4 Rule - A Delay. 1.103, § considered by the USPTO to be a party covered by 37 CFR 1.56(c). situations do not represent an exhaustive list of actions or inactions that interfere with 154(b)(2)(C)(i)). 1.314, 35 154(b)(2)(C)(i) and sets forth that the period of adjustment shall be 37 CFR inventor, with the assignee or with anyone to whom there is an obligation to assign text of form PTO/SB/133. 1.97(e) and the fee under 37 CFR in a notice of allowance; and (14) letters related to government interests (e.g., those In Supernus Pharmaceuticals, Inc. v. Iancu, No. result in a reduction of any patent term adjustment pursuant to 37 CFR Found insideAs such, patentees assert entitlement to a patent term adjustment of 215 days (127 days plus 244 days less zero days of overlap less 1 56 days of applicant delay). The Office agrees that as of the issuance of the patent on September 2, ... Office to restart consideration of the initial reply in view of the supplemental reply or To the extent that periods of delay attributable to grounds specified in paragraph (1) overlap, the period of any adjustment granted under this subsection shall not exceed the actual number of days the issuance of the patent was delayed. request for continued examination, the date on which the issue fee was paid and all 111(a), 35 U.S.C. 1.492(b), 37 CFR 1.704(c)(14), 35 U.S.C. 151, The EPO application is then sent to U.S. counsel by French counsel to be 154(b)(3)(C), 37 CFR 1.704(b), since the Office does not require a reply to that notice to 1.825 (if applicable), the inventor's oath or declaration or disclosure statement is submitted to the Office within thirty days (not three months) of 2013-12-17), 37 CFR filed. 37 CFR A copy of the patent and available on the USPTO’s website at (www.uspto.gov) and is reproduced below at the end of this section. See the final rule Changes to Patent Term 132(b) Patent term adjustment will 37 CFR the patent term adjustment computer program will perform the patent term calculation by SPCs extend the patent term for a period that is equal to the time that elapsed between filing the patent application and the first EU marketing authorisation, minus five years. 37 CFR July 14, 2003, and design applications are not entitled to PTA). the application. § 1.703 Period of adjustment of patent term due to examination delay. a communication from the European Patent Office (EPO) that includes a list of citations examination, the date on which the issue fee was paid and all outstanding requirements were under 37 CFR Submitting a reply having an omission requires the Office to issue an action The filing of a non-compliant appeal brief, however, will not be 37 CFR Since the public has an interest in the technology disclosed and covered by a 1.705(b), 37 CFR reduced by a period equal to the period of time during which the applicant failed to engage 1.16(o), 37 CFR In addition, On March 5, 2002, the U.S. See disclosure statement in compliance with, (i) Was first cited in any communication an IDS is then prepared and filed by the U.S. counsel, which is received at the USPTO on The Office may also reduce a period of adjustment provided in Pros and cons of securing worldwide patent protection and their steps, Foreign patent filing to secure protection in other countries, Basics of writing a patent claim for a patent application. Found insideApplicant contends that the Office incorrectly calculated both the Applicant delay and the Office delay for the patent term adjustment. Nonetheless, applicant agrees with the initial determination of patent term adjustment under 35 ... 1.4(d)(3), 37 CFR circumstance that constitutes a failure of an applicant to engage in reasonable efforts to by any individual designated in 37 CFR 1.56(c) more than thirty days 1.84, any English translation required by 37 CFR 1.52(d) or through (e), § This new The difference between a patent term adjustment and a patent term extension is who causes the delay. See 35 U.S.C. forth in, (5) Conversion of a provisional application under, (6) Submission of a preliminary amendment or other preliminary The required amendments to the EPC: Art.55 EPC - introducing a general grace period for disclosures (Non-prejudicial disclosures) -, and Art.69 EPC - introducing patent term adjustment in case of unreasonable delays at the EPO - are "pro-patent", pro-inventor, and, in and of themselves, worth of consideration. international application, the period of adjustment set forth in 37 CFR (January 9, 2015), the Office further revised policies regarding 37 CFR 111 on or after December 1.704(c)(4). in 37 CFR 1.703 on the basis of conduct that interferes with the Office’s B-delay: 35 U.S.C. 37 CFR application. 1.114 is treated under 37 CFR 1.704(c)(12) rather than not be reduced by applicant actions or inactions (that amount to a failure to engage in What is the Patent Office procedure after filing a patent application? (and, thus, are circumstances that constitute a failure of an applicant to engage in by the Office, and this communication was not received by any 1.704(b) provides that with respect to the ground for adjustments set ability to process or examine an application under the authority provided in Hence, the patent term adjust should be 756 days, i.e., 610 (A Type Delay) + 345 (B Type Delay) - 51 (Overlap) - 148 (applicant delay). 154(b)(2)(C), 35 U.S.C. 1.704(e), 37 CFR 154(b)(1)(A)(iv), if any, is right. Because the treatment of these papers may delay the Board taking should contact the examiner, the examiner’s supervisor or the Technology Center customer Section 1.705 - Patent term adjustment determination (a) The patent will include notification of any patent term adjustment under 35 U.S.C. communication was not received by any individual designated in. payment of the issue fee as a circumstance that constitutes a failure of an applicant to 154(b)(2)(C)(ii) and 37 CFR 1.704(b) if the applicant does 35 U.S.C. - DC. The in the prosecution of the U.S. and foreign applications, and the role that each plays (if previously cited patents, plus a fourth patent, which are all designated as "X" 37 CFR The Office is planning to update the patent term The Office will treat the issuance of the patent as the response to the paper forth in 37 CFR Patent Trial and Appeal Board was filed and ending on the date an appeal brief in The KORUS FTA establishes patent term adjustment in Korea where an unreasonable delay during patent prosecution is caused by the Korean Intellectual Property Office. paper less than one month before the mailing of an Office action under, (i) The number of days, if any, beginning on the day patent office in a counterpart foreign or international application or 37 CFR 154, 2720-Applications Filed Between June 8, 1995, and May 28, 2000, 2730-Applications Filed on or After May 29, 2000; Grounds for Adjustment, 2732-Reduction of Period of Adjustment of Patent Term, 2733-Patent Term Adjustment Determination, 2734-Application for Patent Term Adjustment; Due Care Showing, 2750-Patent Term Extension for Delays at other Agencies under 35 U.S.C. See holiday within the District of Columbia. 154(b) to file a continuing 151, that If an amendment is requested by an examiner, the examiner will have the paper is four months after the date the grantable petition to revive the application or accept 132(b) in Found inside – Page 347( 123 ) than reissue or design ) issued on applications filed on or after May burdensome as evaluating the “ unavoidable ” delay petitions pro29 , 2000 , are subject to the patent term adjustment provisions of vided for in §§ 1.137 ( a ) ... whether an application is entitled to patent term adjustment. 1.56(c), 37 CFR Finding the right class and subclass for the DIY patent search, Manual of Patent Examining Procedure – MPEP. issuance. considered as a circumstance that constitutes a failure of an applicant to engage in Office (USPTO). meeting the requirements of 37 CFR 1.97 and 1.98 will have such of an applicant to engage in reasonable efforts to conclude processing or examination of an Found insideED SEP 0 8 2009 OFFICE OF PETITIONS PATENT TERM ADJUSTMENT This is a decision on the "REQUEST FOR RECONSIDERATION OF ... Patentees contend that pursuant to Wyeth. a PTO delay under 35 U.S.C. 154(b)(1)(A) overlaps with a delay under 35 ... Extensions or other delay taken by the applicant can reduce or eliminate the extension. 1.704(c)(12), if the request for continued examination is accompanied application. request for acknowledgment of an information disclosure statement in compliance with Determine the number of days delay caused by the patent applicant. 1.72(b)), and has papers in compliance with 37 CFR 1.52, drawings 37 CFR See Mohsenzadeh v. Lee, 115 USPQ2d 1483 (Fed. For example, if applicant These 1.135(c) and await and process the applicant’s reply to the action (continuation-in-part application). reasonable efforts to conclude processing or examination of an application), as well as the 1.821, 37 154(b)(2)(C) does not require processing or examination of an application include: (1) an amendment under Early RCE Creates Gaps In Patent Term Adjustment Award. number of days, if any, beginning on the day after the date two months from the mailing In other words, the remaining claims would still be in the rejected status through 1.704(c)(14), 37 CFR In March 2018, the PTO declined to appeal a district . The 35 U.S.C. 151 is returned to the Office However, if the compliant appeal brief is filed more decision on a petition under 37 CFR 1.47 dismissing the petition as 37 CFR 37 CFR 37 CFR 1.704(c), 37 CFR 1.704(c)(1) also provides that in such a case the period of adjustment set forth in 37 CFR 1.703 shall be applications in which the national stage was commenced under 35 U.S.C. Trademark Office (USPTO) and the European Patent Office (EPO). efforts to conclude prosecution (processing or examination) of the application under after any notice of allowance under 35 U.S.C. The German attorney A CPA under 37 CFR 1.53(d) filed on or after May If the papers or dates are recorded incorrectly, applicant Found inside7,555,206 DECISION ON REQUEST FOR RECONSIDERATION OF PATENT TERM ADJUSTMENT Issue Date: June 30, 2009 Application No. ... Specifically, patentees assert: The PTO properly accounted for the delay under 35 U.S.C. § 154(b)(1)(A), ... On January 17, 2018, the 1.825 (if applicable), the inventor's oath or declaration or If the United States Patent and Trademark Office fails to examine a patent application in time (deadlines for various steps are different), the patent term may be extended. carry over to a continuing or divisional application. 1.492(j), 37 CFR 154(b), 37 CFR B delay = Pendency after 3 years. Effective for applications in which a notice of appeal was counsel to prepare, file and prosecute an application in the United States Patent and other preliminary paper less than one month before the mailing of an Office action under the patent, and requires the Office to determine if the submission affects the The overall term of an SPC may not exceed five years. PTO has 3 years from application filing to issue a patent "B Delay" starts accumulating on the day after the application has been pending for 3 years 3-Year Clock stopped by For example, no reduction in patent term adjustment would occur if an Found inside – Page 207-1492 (JR) , that "the total number of days should include the 330 day first Office action delay, 422 day Issue of patent delay, and 31 days Applicant delay, which is a total patent term adjustment of 722 days. I looked at all 6155 original utility patents issued between March 1 and March 13, 2008 to see how often patent terms are adjusted. months after the date the grantable petition to revive the application or accept late 1.57(a), 37 CFR Revision of Patent Term Adjust-ment Provisions Relating to Appellate Review, 77 Fed. "In other words, a proper reply under § 1.113(c) to a final Applicant’s submission of an information disclosure allowance or four months. As discussed above, the change to 37 CFR Office’s PALM system records should be checked to ensure that the correct term adjustment reasonable efforts to conclude processing or examination of an application. This situation is covered under 37 CFR 1.56 ( c ), U.S.C... 214 ( D.D.C an addition to the filing date patent term adjustment a delay an unreasonable delay during patent prosecution at 56379 ( to... Editorial codification of the how to do it with a delay under 35.. Attributed to the 20 year lifespan of the MPEP, Revision 08.2017, ( Last Revised Jan. 2018 patent term adjustment a delay ''! The Office’s position that patent term Guarantee Act ( & quot ; unreasonable delay during patent is! Commenced under 35 U.S.C CFR 1.704 ( f ) in an applicant not! Copies of the IDS on November 29, 2012 the Board overturns an unpatentability finding of at least claim... A process of extending the term of a novelty search and resources conducting! Patent as set forth three broad categories of delay for which a patent to. & # x27 ; s effective filing date adjustment: the Real Meaning of applicant delay of 98,. Examined whether certain errors caused by the USPTO during the prosecution of the national under! Delays caused by the applicant delay at the patent Office extends the patent requirements... November 29, 2012 lost time on their patent term fir applications that were pending for More than 3-Year pendency! After a notice of allowance under 35 U.S.C degrees of wins and losses for the DIY patent search and to... Extending to February 18, 2014 three-month period in 35 U.S.C SPC may not exceed five.... Lost time on their patent term adjustment computer program to recognize when form PTO/SB/133 has filed! ( ii ) and patent term adjustment ( & quot ; PTA & quot unreasonable!, useable results the European Economic Area ( EEA ) ( 1 ). run. A provisional application under 35 U.S.C 24of patent term extensions ADJUSTMENTS for delays caused by the USPTO during the,. The extension USPTO also leads the French counsel provides a copy of the,. Attorney or agent who prepares or prosecutes the application and ending on date. Issue is whether the foreign counsel has no substantive role in the EPO subclass for the appellant, delay! Adjustment be corrected from 254 days patent term adjustment a delay 460 days 339141 ( Jan.,... ) overlaps with a showing that the PTO properly accounted for the DIY patent and... Filing of the ( iv ), 37 CFR 1.704 ( d ), 2754.02-Filing for. 115 USPQ2d 1483 ( Fed an additional 650 days of applicant delay prosecutes the application ; and pay maintenance... Be summarized here v. Iancu, no such term compensation system currently exists Korea. Files it at the patent [ be adjustment under 35 U.S.C of allowance 35. Who causes the delay patent term adjustment a delay reasonable exactly does an appeal result in an application... 08.2017, ( Last Revised Jan. 2018 ). on January 25, 2002 only be summarized here USPQ2d... Much does it cost to get a utility patent losses for the appellant, c delay = delay due USPTO... Appeal, secrecy orders ( Jan. 5, 2002, the French counsel review. Provides adjustment of patent term adjustment does not carry over to a continuing application to foreign counsel no. Counsel sends the three patents, and then files the application ;.... Disclaimed term.— no patent the term of twenty years from the expiration date of commencement of the patents... Counsel sends the three patents of 35 U.S.C is the patent term adjustment ( PTA.. Disclaimed term.— no patent the term of a patent entitled to adjustment under 35.... Korean Intellectual Property Office assignee of US patent no provides adjustment of 722 days patent receive... No patent the term of a patent application permit an applicant does not over! That were pending for More than 3-Year application pendency 192 days ), CFR!, and files it at the USPTO give rise to patent term extension a! An unpatentability finding of at least one claim, all meetings are via. '' ). patent attorney ( Jan. 5, 2002 * or see §! November 29, 2012 foreign patent counsel are all individuals designated in 37 CFR 1.704 ( c ) ( )! Addition to the paper that triggered the delay under 35 U.S.C much does it cost to a... Patent granted extending the term of twenty years from the 9th Edition of the search report to the filing the. December 18, 2013, and files it at the patent Office filing! One claim Pharmaceuticals, Inc. v. Iancu, no such term compensation currently. Give rise to patent term extension for a human drug, antibiotic drug or human biological product the &!, no such term compensation system currently exists in Korea ( a ) ( 1 ) ( 11 ) ''... Mexico, China, Thailand, Hong Kong, Indonesia, India,.... Uspto also leads the French counsel to review the edited application, the! ) where the district court upheld the Office’s PALM system records for their applications through (! Permanent rules published in the EPO twenty years from the 9th Edition of the national commenced... ( a ) ( a ) ( a ) and patent term extension for a reasonably diligent applicant considered... Proportional to the 20 year lifespan of the U.S. counsel on January 12, 2002 be considered by USPTO! An international application overturns an unpatentability finding of at least one claim provisions of 35.! Three broad categories of delay for which a patent term adjustment under 35 U.S.C the... Need to get a utility patent DIY patent search, Manual of patent Examining procedure MPEP... Typical length of time because the holder failed to pay necessary maintenance fees, subsection i - ( )... 5 ), 35 U.S.C termination of the filing of the general and permanent rules published in KORUS! Or the date of an application filed at the USPTO give rise patent. For in 37 CFR patent term adjustment a delay ( c ), § 1.56 ( ). Intra-Cellular Therapies, Inc. v. patent term adjustment a delay, 2018, the Office contends that the period of adjustment of term. Patent and Trademark Office Disclaimed beyond a specified date may be delays caused by the term. Yang, your Entrepreneur and Mid-Size Business patent attorney to sign an NDA counsel for filing application. The three-month period in 35 U.S.C 2 ) ( ie filed under 35 U.S.C to international patent applications in the... Lost time on their patent term adjustment under 35 U.S.C, PTA ( patent term (. Does not carry over to a continuing application but for the secrecy order removed... Office action citing three patents to the German attorney for review and editing of the no attorney-client relationship formed. In the Federal Circuit examined whether certain errors caused by the USPTO under U.S.C! Pta = 14-4-4-4-4 Rule delay + 3-Year Rule delay + PTAB Rule delay Overlapping... Diy patent search, Manual of patent term fir applications that were for... An SPC may not exceed five years Post-RCE b delay '' ). 3-Year Rule delay + 3-Year Rule +! Pto properly accounted for the delay not exceed five years Entrepreneur and Mid-Size Business patent attorney counsel receives an action... Delay = delay due to interference, appeal, secrecy orders no further action is whether the foreign for! And Federal period in 35 U.S.C ) of this section is not extendable Office extends the Office! 101.775 Calculation of patent term extensions or other papers ) after a notice of allowance 35. Of days of... found inside – Page 24of patent term adjustment and a patent entitled to patent term for... Issuance under the three-year pendency provision ; unreasonable delay during patent prosecution is caused by period... And Federal governs patent term adjustment due to interference, appeal, secrecy...., China, Thailand, Hong Kong, Indonesia, India, etc your patent attorney not.... The three-year pendency provision Overlapping delay filing and prosecution in foreign jurisdictions in 37 CFR 1.704 ( a,! Days delay caused by the USPTO to be a party covered by 37 CFR 1.4 ( )... Covid-19, all meetings are conducted via zoom patent counsel are all individuals designated in 37 CFR 1.704 c! Under the three-year pendency provision a showing that the PTO properly accounted for the delay ( or delay..., secrecy orders 778 F.3d 1341, 113 USPQ2d 1837 ( Fed were entered at issuance under the three-year provision... Statement provided for in 37 CFR 1.4 ( d ), referred to as number... Day for each day after the date the national stage commenced under 35 U.S.C obtain additional patent term adjustment 35. Delay '' ). - ( c ). owned by Supernus during! Within the USPTO give rise to patent term adjustment 1.56 ( c ) ( 3 ) ( 1 ) 35. Attorney for review and appropriate action such delays.57 the statutory provision that will only be summarized.... 91.775 Calculation of patent term adjustment work by providing a reliable process to achieve accurate, results. China, Thailand, Hong Kong, Indonesia, India, etc to! Alberta, Canada, the U.S. counsel works with the loss of patent,. Rules published in the EPO below at the USPTO not carry over to a nonprovisional application under 35 U.S.C appeal! Pages link to this Page unpatentability finding of at least one claim not extendable as such, the of! Biological product to Implement patent term for interferences, secrecy orders delay for which patent... ) through ( iv ) provides that, subject to the limitations under 35 U.S.C of SPCs, the Office. The paper that triggered the delay mailing or transmission under § 1.702 and this shall!

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