Patent Term Adjustment, IDSs And The 30-Day Rule

The rules for determining Patent Term Adjustment (PTA) are very complicated. Rule 704 determines when PTA may be reduced due to "Applicant Delay." This report focuses on when the filing of an Information Disclosure Statement may constitute Applicant Delay and reduce the PTA.

Paragraphs 37 CFR 1.704(c)(6), 37 CFR 1.704(c)(8), 37 CFR 1.704(c)(9), and 37 CFR 1.704(c)(10) in 37 CFR are the most important sections relating to Applicant Delay.

704(c)(6) Period before first action is issued

If an IDS is filed less than one month before the mailing of an Office action or a notice of allowance, Applicant Delay will be incurred if the IDS requires the mailing of a supplemental Office action or notice of allowance. This rule applies even if the IDS is filed before the first action on the merits, such as a rejection or an allowance.