Deciding Office: Office of Petitions
The criteria for a petition requesting reconsideration of the patent term adjustment after issuance of the patent are set forth in 37 CFR 1.705 and MPEP 2734.
In general, these are the steps for filing a petition requesting reconsideration of the patent term adjustment after issuance of the patent:
- A petition requesting reconsideration of patent term adjustment indicated on 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:
- A statement of the facts involved, specifying:
(i) The correct patent term adjustment and the basis or bases under § 1.702 for the adjustment;
(ii) The relevant dates as specified in §§ 1.703(a) through (e) for which an adjustment is sought and the adjustment as specified in § 1.703(f) to which the patent is entitled;
(iii) Whether the patent is subject to a terminal disclaimer and any expiration date specified in the terminal disclaimer; and
(A) Any circumstances during the prosecution of the application resulting in the patent that constitute a failure to engage in reasonable efforts to conclude processing or examination of such application as set forth in § 1.704; or
(B) That there were no circumstances constituting a failure to engage in reasonable efforts to conclude processing or examination of such application as set forth in § 1.704; and
Payment of a petition fee under 37 CFR (1.18(e).
If the Patent Term Adjustment (PTA) on the issued patent does not match the PTA set forth in the Office’s PAIR (Patent Application Information Retrieval) system, a petition is not required and a request for a Certificate of Correction should be made. See MPEP 1480.
For the proper petition fee required under 37 CFR 1.18(e), please consult the current USPTO Fee Schedule for fee code 1455/2455/3455 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 a petition requesting reconsideration of patent term adjustment indicated on 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 §2734, Application for patent term adjustment; due care showing.
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).
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.