View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOC/PTO RIN: 0651-AD18 Publication ID: Spring 2018 
Title: Changes to the Rules of Practice Pertaining to Patent Term Adjustment 
Abstract:

The United States Patent and Trademark Office (Office) is proposing to revise the rules of practice pertaining to patent term adjustment ("PTA"). The Office is capping the reduction for the submission of a supplemental amendment or other paper to the lesser of the number of days between the date of the initial response and the date of the supplemental filing and four months. In addition, the Office is proposing to modify the calculation of the "B" delay "carve-out" period by changing the date when jurisdiction ends, if the end of jurisdiction is due to the Patent Trial and Appeal Board ("PTAB") entering a final decision. The end of jurisdiction would be the date of the final decision by the PTAB rather than on the date the PTAB enters final decision and judicial review is sought or the time for seeking judicial review has expired. Furthermore, the Office is proposing to change the method of calculating reductions by treating the mailing of the issue notification letter as a constructive mailed response to the paper submitted after allowance.

 
Agency: Department of Commerce(DOC)  Priority: Info./Admin./Other 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 37 CFR 1.703    37 CFR 1.704   
Legal Authority: 35 U.S.C. 154    35 U.S.C. 2(b)(2)    5 U.S.C. 553   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/00/2018 
NPRM Comment Period End  10/00/2018 
Final Action  02/00/2019 
Final Action Effective  03/00/2019 
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:
Raul Tamayo
Department of Commerce
Patent and Trademark Office
600 Dulany Street, P.O. Box 1450,
Alexandria, VA 22313
Phone:571 272-7728
Fax:571 273-7728
Email: raul.tamayo@uspto.gov