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DOC/PTO | RIN: 0651-AD18 | Publication ID: Fall 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 |
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Timetable:
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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 |