MPEP Q & A 362: List two timely-filed proceedings that the Office will consider an eligible “patent term adjustment reconsideration proceeding”.

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Question:

List two timely-filed proceedings that the Office will consider an eligible “patent term adjustment reconsideration proceeding” if initiated on or after September 17, 2012.

Answer:

To allow patentees to take advantage of changes to this provision relating to appellate review, the Office will consider any of the following timely-filed proceedings to be an eligible “patent term adjustment reconsideration proceeding” if initiated on or after September 17, 2012:

  1. reconsideration proceedings initiated pursuant to a remand from a timely filed civil action in federal court;
  2. reconsideration proceedings initiated pursuant to a timely request for reconsideration of the patent term adjustment indicated in the patent under 37 CFR 1.705(d) (2012) in which the patentee argues that the change to 37 CFR 1.703 in this final rule is applicable to their patent; and
  3. reconsideration proceedings initiated pursuant to a request for reconsideration that seeks reconsideration of the Office’s decision under 37 CFR 1.705(d) (2012) regarding patent term adjustment under the Office’s former interpretation of the appellate review language of 35 U.S.C. 154(b)(1)(B)(ii) and (C)(iii), if such request is filed within two months of the date of the decision for which reconsideration is requested.

Chapter Details:

The answer to this question can be found in chapter 2700 of the MPEP. This chapter covers Patent Terms, Adjustments, and Extensions.

The answer is from the 9th Edition, Revision 01.2024, published November 2024. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer come from section 2730 of the MPEP.  The following is a brief summary of section 2730.

2730    Applications Filed on or After May 29, 2000; Grounds for Adjustment

This section covers the grounds for adjustment in applications filed on or after May 29, 2000. Essentially, a patent is entitled to patent term adjustment if the Office fails to perform certain acts of examination within specified time frames.