Term Adjustment News Today

On December 21, 2023, more than three years after the amendments to the Patent Law in 2020 (2020 Patent Law), the Implementation Regulations of the Patent Law (Rules) and the Guidelines...

Panel times and speakers subject to change.

The judicial-made doctrine of obviousness-type double patenting (ODP) is intended to prevent patent system gamesmanship such that applicants cannot obtain an unjustified extension...

On August 28, 2023, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in In re Cellect (No. 22-1293) that answered a longstanding question regarding the...

The USPTO has commenced the fee-setting process for fee adjustments it expects to implement in January 2025. While many fee changes are modest (~5%), the USPTO proposes significant...

United States Patent and Trademark Office proposes significant increases to design patent fees and PTAB trial fees and proposes new fees that could influence applicant behavior and impact how patent applications are prosecuted and set to implement in January 2025

China’s National Intellectual Property Administration, CNIPA released another draft of the Patent Examination Guidelines, which is somewhat analogous to the US Patent and Trademark Office’s Manual of Patent Examining Procedure, MPEP. Comments are due December 15, 2022.

The USPTO Patent Term Adjustment (PTA) rules include a "safe harbor" that avoids a PTA deduction for "Applicant delay" for Information Disclosure Statements that are accompanied by a certain statement...

To embed, copy and paste the code into your website or blog: Under current USPTO Patent Term Adjustment (PTA) rules, an Applicant can be charged a Patent Term Adjustment (PTA) deduction for “applicant delay” before examination commences if the application is not “ready for examination” within eight months of its filing date (or national stage commencement date). While that rule first came into effect with the December 18, 2013 Patent Law Treaty rule changes, we have been seeing more pre...

USPTO can charge applicants with Patent Term Adjustments for applicant delays is the applicant is not ready for examination, which came into effect through the Patent Law Treaty rule changes, leading to more pre-examination PTA deductions.