USPTO announces final rule on standardization of the patent term adjustment statement regarding information disclosure statements

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Patent Alert

USPTO announces final rule on standardization of the patent term adjustment statement regarding information disclosure statements

The United States Patent and Trademark Office (USPTO) has announced a final rule concerning the rules of practice pertaining to patent term adjustment to require that the patent term adjustment statement regarding information disclosure statements be submitted on the USPTO form using the appropriate document code.

The use of the USPTO form and document code will streamline certain aspects of prosecution by more accurately capturing and accounting for the patent term adjustment statement without unnecessary back-and-forth discussions between the USPTO and the applicant. It will also conserve resources by eliminating the need for a manual review of the patent term adjustment statement. Applicants who submit a patent term adjustment statement regarding information disclosure statements without using the USPTO form or the appropriate document code may file a request for reconsideration of the patent term adjustment and seek a manual review of the patent term adjustment statement.

Read the full text of the final rule in the Federal Register. The effective date is 30 days after the date of publication in the Federal Register. The final rule applies to any statement under 37 CFR 1.704(d) filed on or after the effective date.

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