USPTO Announces Revisions to Patent Term Adjustment Rules

On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published an interim final rule revising several patent term adjustment (PTA) provisions in view of the AIA Technical Corrections Act. 78 Fed. Reg. 19416. In general, the revised rules apply to any patent granted on or after January 14, 2013. Public comments on the revised rules are due by May 31, 2013. A summary of the major changes follows.

Deadline for Requesting Reconsideration at USPTO -

Under the revised rules, applicants will receive notice of the USPTO’s PTA determination with the issue notification rather than upon receipt of a notice of allowance. Further, the revised rules create a single deadline of two months from issuance to seek reconsideration of PTA, which can be extended for an additional five months.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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