Several questions regarding the PTO determination of patent term extensions

Several questions regarding the PTO determination of patent term extensions:

1. Does a registered practitioner have an ethical duty to disclose to the

Office an error in the Notice of Allowance and Issue Fee Due (PTOL-85),

wherein the term adjustment indicated is a longer period than expected?

2. Does a practition have an ethical duty to disclose to the Office an error in

the fees requested or paid?

3. Would the answer to number 1 change if the additional time was very short?

4. If the answer to question 1 is yes, are you aware of any other agencies that

require monitoring by an outside attorney?

5. If the answer to question 1 is yes, are attorneys under a similar duty to

inform the agency that an examiner has made a legal or factual mistake on an

application and granted a claim that is broader than it should be? Is there a

difference?

6. Does it make any difference whether the practitioner returns in

the PTOL-85B (issue fee transmittal form) with the incorrect patent term

adjustment information pre-printed on the form, or sends in an attorney

generated issue fee transmittal without any indication of the appropriate

patent term adjustment information?

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Last Modified: 9/16/2009 12:14:51 PM