How the USPTO Revised Patent Term Adjustment Rules

Patent term adjustments are an important part of the patent process.  Any delays caused by you or the USPTO can affect the term (how long) your patent can be enforced.

The United States Patent and Trademark Office (USPTO) revised the rules of practice to implement changes to the patent term adjustment provisions. The new rules reflect recent technical corrections to the Leahy-Smith America Invents Act (AIA).

Section 1(h) of the AIA Technical Corrections Act revises the date from which the fourteen-month patent term adjustment period is measured, and clarifies the date from which the three-year patent term adjustment period is measured, with respect to international applications filed under the Patent Cooperation Treaty. Under the Final Rule, the fourteen-month patent term adjustment period and the three-year patent term adjustment period will both be measured from the same date: the date on which an application was filed under 35 U.S.C. 111(a) in an application under 35 U.S.C. 111; or the date of commencement of the national stage under 35 U.S.C. 371 in an international application.

Section 1(h) of the AIA Technical Corrections Act also revises the provisions for notifying applicants of patent term adjustment determinations and for requesting reconsideration and judicial review of the USPTO’s patent term adjustment determinations and decisions. Under the Interim Rules, the USPTO is no longer required to provide a notice of a patent term adjustment with the notice of allowance. Instead, it will be indicated on the patent.

The rules still require that any request for reconsideration of the patent term adjustment be filed within two months of the grant date. However, this two-month time period may now be extended by an additional five months, permitting an applicant to request reconsideration of the patent term adjustment indicated on the patent as late as seven months after the date the patent was granted.

The effective date of the changes was April 1, 2013.

How Can I Help?

If you have a recently granted patent it is important that you check your patent term to make sure that you are receive all the protection that you are entitled to, please contact me for a free 30 minute consultation if you need assistance determining your patent term at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

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