The U.S. Patent & Trademark Office (USPT)) has issued a notice of proposed rulemaking that would revise “the patent term adjustment and extension provisions of the rules of practice in patent cases.” The American Inventors Protection Act of 1999 and Uruguay Round of Agreements Act “each provide for patent term extension or adjustment if the issuance of the patent was delayed due to appellate review by the Board of Patent Appeals and Interferences (BPAI) or by a Federal court and the patent was issued pursuant to or under a decision in the review reversing an adverse determination of patentability.” 

Among other matters, USPTO “is proposing to change the rules of practice to indicate that in most circumstances an examiner reopening prosecution of the application after a notice of appeal has been filed will be considered a decision in the review reversing an adverse determination of patentability for purposes of patent term adjustment or extension purposes.” In these situations, “patentees would be entitled to patent term extension or adjustment.” Public comments are requested by May 6, 2011; no public hearing will be held on the proposal.