Deciding Office: The Office of Petitions
In general, these are the steps to follow for filing a Petition Requesting Reconsideration of the Patent Term Adjustment Before Issuance of the Patent:
- A Petition Requesting Reconsideration of the Patent Term Adjustment Before Issuance of the Patent may be filed under
37 CFR 1.705(b) in the event applicant(s) disagree with Patent Term Adjustment identified on the Determination of Patent Term
under 35 U.S.C. 154(b) ("Initial PTA Determination"), which is mailed to applicant(s) with the Notice of Allowance.
- The Petition should include a detailed discussion identifying: (1) the belief that the Initial PTA (Patent Term Adjustment) Determination, in days, is in error; (2) what the correct Initial PTA Determination, in days, is believed to be; and (3) the specific reasons, including copies of any supporting evidence or documents, that distinctly explains petitioner's position. A petition fee is required.
- Applicant(s) may also file a petition under 37 CFR 1.705 if applicant(s) disagree with the Patent Term Adjustment set forth on the patent after issuance.
- For the proper petition fee required for a Petition for Withdrawal from Issue Before Payment of the Issue Fee, please consult the Current USPTO Fee Schedule on the Fee Information Page for code 1455 under the Patent Petition Fees.
How to File:
- This petition may be filed using any of these delivery methods.
For the relevant patent laws and rules applicable to Petition Requesting Reconsideration of the Patent Term Adjustment Before Issuance of the Patent, please see:
- 37 CFR 1.18, Patent post allowance (including issue) fees;
- 37 CFR 1.702, Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000);
- 37 CFR 1.703, Period of adjustment of patent term due to examination delay;
- 37 CFR 1.704, Reduction of period of adjustment of patent term;
- 37 CFR 1.705, Patent term adjustment determination; and
- MPEP Chapter 2700, Patent Terms and Extension.
No form available. Submit a signed request that includes information listed in Requirements of a Petition.
For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).