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ARTICLE · 21 NOVEMBER 2007

Patent Term Adjustment Papers Filed After Allowance

Grounds for adjustment of patent term due to examination delay include, for example: (1) Failure, on the part of the PTO to take certain action within specified time frames.

United StatesIntellectual Property

I. INTRODUCTION

A. Grounds For Adjustment Of Patent Term

Grounds for adjustment of patent term due to examination delay include, for example:

  1. Failure, on the part of the PTO to take certain action within specified time frames, such as failing to mail one of an office action, or restriction requirement, or notice of allowance not later than 14 months after the date on which the application was filed or fulfilled the requirements for national stage entry.
  2. Failure, on the part of the PTO, to issue a patent within 3 years of the actual filing date of the application (not including time consumed by continued examination).
  3. Failure, on the part of the PTO, to issue a patent within 4 months of the issue fee payment date.

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