37 C.F.R. §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)

Cite as37 C.F.R. §1.702
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24 cases
  • Sykes v. Dudas, Civil Action No. 06-829 (CKK).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 2 d2 Setembro d2 2008
    ...4405(a) to apply the changes in Section 4402 prospectively (i.e., applicable only to applications filed on or after May 29, 2000). See 37 C.F.R. 1.702(f) ("[t]he provisions of this section ... apply only to original applications ... filed on or after May 29, 2000, and patents issued on such......
  • Univ. of Mass. v. Kappos, Civil Action No. 10–00894 (ESH).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 9 d5 Novembro d5 2012
    ...set of final rules interpreting the proper calculation of A delay under § 154(b)(1)(A), through notice-and-comment rulemaking. First, 37 C.F.R. § 1.702(a) restates the text of the statute, providing that the patent term shall be adjusted if the issuance of the patent was delayed due to the ......
  • Novartis AG v. Kappos
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 15 d4 Novembro d4 2012
    ...is issued.Id. The PTO has promulgated two final rules interpreting the proper calculation of B Delay under § 154(b)(1)(B). First, 37 C.F.R. § 1.702(b) states that the patent term shall be adjusted if the issuance of the patent was delayed due to the failure of the PTO to issue a patent with......
  • Abraxis Bioscience, LLC v. Kappos, Civil Action No. 1:11–cv–00730
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 8 d3 Janeiro d3 2014
    ...and comment, the USPTO promulgated two final rules interpreting the proper calculation of PTA under section 154(b)(1)(B). First, 37 C.F.R. § 1.702(b) describes the USPTO's interpretation of the grounds for PTA due to the agency's failure to take certain actions within specified time frames.......
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2 books & journal articles
  • Patent Prosecution
    • United States
    • ABA General Library New practitioner’s guide to intellectual property Patents
    • 16 d3 Maio d3 2012
    ...during prosecution of the application that are the fault of the USPTO. Patent term extension may be available for 51. 37 C.F.R. §§1.701 and 1.702. 123 124 Section 2, Part patents that have a priority date between June 6, 1995, and May 28, 2000. Since fewer of these applications are pending ......
  • Reversal Rates of Ex Parte Appeals: High Variability Across PTAB Judges
    • United States
    • ABA General Library Landslide No. 11-1, September 2018
    • 1 d6 Setembro d6 2018
    ...patent term adjustment (PTA) is rewarded to an applicant when the PTAB overturns an unpatentability finding of at least one claim. See 37 C.F.R. § 1.702. 7. Anticipat ® , developed by Trent Ostler, is a research and analytics database for all ex parte appeal decisions at the PTAB. 8. See 37......

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