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30 - Petition Requesting Reconsideration of the Patent Term Adjustment After Issuance of the Patent

Deciding Office: The Office of Petitions

The criteria for a Petition Requesting Reconsideration of the Patent Term Adjustment After Issuance of the Patent is set forth in 37 CFR 1.705, MPEP Chapter 2700

In general, these are the steps to follow for filing a Petition Requesting Reconsideration of the Patent Term Adjustment After Issuance of the Patent:

  • A Petition requesting reconsideration of the Patent Term Adjustment After 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 Title Page of the issued patent.
  • The Petition should include a detailed discussion identifying: 

(1) the belief that the PTA (Patent Term Adjustment), in days, on the Title Page of the patent is in error; 
(2) what the correct PTA, 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. 

 Payment of a petition fee under 37 CFR 1.18(f) may be required.

  • The Office will normally waive the required fee when a petition requests the PTA set forth on the patent be changed to the amount set forth in the Office’s PAIR (Patent Application Information Retrieval) System, available to the public via the Office's EBC web site, because such a petition is not actually challenging the Office’s calculation of PTA.

Fees:

  • For the proper petition fee required for a Petition for Withdrawal from Issue After Payment of the Issue Fee, please consult the Current USPTO Fee Schedule on the Fee Information Page for code 1456 under the Patent Petition Fees.

How to File:

For the relevant patent laws and rules applicable to Petition Requesting Reconsideration of the Patent Term Adjustment After 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.

Forms:

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).

United States Patent and Trademark Office
This page is owned by Office of Patent Legal Administration.
Last Modified: 10/23/2013 12:14:51 PM