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Author : The Law The Law Library
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781729858936
Total Pages : 32 pages
Book Rating : 4.8/5 (589 download)

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Download or read book Patent Term Adjustments (Us Patent and Trademark Office Regulation) (Pto) (2018 Edition) written by The Law The Law Library and published by Createspace Independent Publishing Platform. This book was released on 2018-11-26 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Term Adjustments (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) The Law Library presents the complete text of the Patent Term Adjustments (US Patent and Trademark Office Regulation) (PTO) (2018 Edition). Updated as of May 29, 2018 The United States Patent and Trademark Office (Office) is revising the rules of practice pertaining to patent term adjustment in view of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Novartis AG v. Lee. The Federal Circuit confirmed in Novartis that any time consumed by continued examination is subtracted in determining the extent to which the period of application pendency exceeds three years, regardless of when the continued examination was initiated. The Federal Circuit, however, decided that the time consumed by continued examination does not include the time after a notice of allowance, unless the Office actually resumes examination of the application after allowance. Accordingly, the Office is revising the rules of practice to provide that the time consumed by continued examination does not include the time after a notice of allowance, unless the applicant files a request for continued examination after such allowance. The Office also is revising the rules of practice to provide that the submission of a request for continued examination after any notice of allowance has been mailed will constitute a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application and thus result in a reduction of any period of patent term adjustment. The Office is providing an exception to this patent term adjustment reduction provision for a request for continued examination filed solely to submit information cited in a patent office communication in a counterpart application that is submitted to the Office within thirty days of receipt of the patent office communication. Additionally, the Office is clarifying what papers may be submitted after a notice of allowance without the applicant being considered to have failed to engage in reasonable efforts to conclude processing or examination of the application. This book contains: - The complete text of the Patent Term Adjustments (US Patent and Trademark Office Regulation) (PTO) (2018 Edition) - A table of contents with the page number of each section