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DOC/PTO RIN: 0651-AC56 Publication ID: Spring 2011 
Title: ●Revision of Patent Term Extension and Adjustment Provisions Relating to Appellate Review and Information Disclosure Statements 
Abstract: The United States Patent and Trademark Office (Office) is proposing to revise the patent term adjustment and extension provisions of the rules of practice in patent cases. The patent term adjustment provisions of the American Inventors Protection Act of 1999 (AIPA) and the patent term extension provisions of the Uruguay Round Agreements Act (URAA) each provide for patent term extension or adjustment if the issuance of the patent was delayed due to appellate review by the Board of Patent Appeals and Interferences (BPAI) or by a Federal court and the patent was issued pursuant to or under a decision in the review reversing an adverse determination of patentability. The Office is proposing to change the rules of practice to indicate that in most circumstances an examiner reopening prosecution of the application after a notice of appeal has been filed will be considered a decision in the review reversing an adverse determination of patentability for purposes of patent term adjustment or extension purposes. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 37 CFR 1   
Legal Authority: 35 USC 2(b) and 154(b)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/06/2011  76 FR 18990   
NPRM Comment Period End  05/06/2011    
Next Action Undetermined  To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Robert W. Bahr
Acting Associate Commissioner for Patent Examination Policy
Department of Commerce
Patent and Trademark Office
P.O. Box 1450,
Alexandria, VA 22313
Phone:571 272-8800
Fax:571 273-0125
Email: robert.bahr@uspto.gov