Patent Term Adjustment (PTA)

• Certificate of Mailing under 37 CFR 1.8

• The date of actual receipt of papers (e.g., replies, appeal briefs) in the USPTO (37 CFR 1.6) is the date used in calculating patent term adjustment

  • the certificate of mailing under 37 CFR 1.8 is not the date used in calculating patent term adjustment (37 CFR 1.703(f))

• Papers and fees continue to be accorded 37 CFR 1.8 benefits for timeliness purposes

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