The U.S. Patent and Trademark Office (USPTO) has issued a final rule to implement revisions to the patent term adjustment provisions under the America Invents Act Technical Corrections Act. The rule, which is codified at 37 C.F.R. part 1, took effect on May 15, 2014.
The changes (i) revise the date from which the 14-month patent term adjustment period is measured, (ii) clarify the date from which the 3-year patent term adjustment period is measured as to international applications filed under the Patent Cooperation Treaty, and (iii) revise provisions for notifying applicants of patent term adjustment determinations and the time period for requesting reconsideration and judicial review.
The changes to “37 CFR 1.702, 1.703, and 1.705 apply to any patent granted on or after January 14, 2013. The amendment to 37 CFR 1.704 applies to any application in which a notice of allowance was mailed on or after April 1, 2013.” According to USPTO, “[t]he optional procedure for requesting a patent term adjustment recalculation applies only to patents issued between January 14, 2013, and May 20, 2014, that resulted directly from international applications, and the request must be filed no later than July 31, 2014.” See Federal Register, May 15, 2014.