29 - Petition requesting reconsideration of the patent term adjustment before issuance of the patent

Deciding Office:  Office of Petitions

The criteria for a petition requesting reconsideration of the patent term adjustment before issuance of the patent is set forth in 37 CFR 1.705(c), MPEP Chapter 2700.

In general, these are the steps to follow for filing a petition requesting reconsideration of the patent term adjustment before issuance of the patent:

  • The petition should include a showing to the satisfaction of the Director that, in spite of all due care, the applicant was unable to reply to the rejection, objection, argument, or other request within three months of the date of mailing of the Office communication notifying the applicant of the rejection, objection, argument, or other request.
  • The fee set forth in 37 CFR 1.18(f)

Fees:

For the proper petition fee required under 37 CFR 1.18,(f), please consult the current USPTO Fee Schedule for fee code 1456/2456/3456 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:

  • 35 USC 154(b)
  • 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).

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The Federal Register is the authoritative source and should be consulted if a need arises to verify the authenticity of the language for any CFR citation.  Because fee schedule changes may not be reflected in the most recent version of the MPEP, please consult the USPTO Fee Schedule to determine current fee amounts.