Chapter 2700 Flashcards

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1
Q

What are the patent terms on utility patents?

A

20 year term, measured from the filing date of the earliest US application to which priority is claimed (excluding provisional applications)

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2
Q

What are the patent terms on design patents?

A

14 year term, measured from the date of patent grant

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3
Q

If a notification of any patent term adjustment does not seem accurate, then what can be done?

A

the applicant may request reconsideration within 2 months after the PO issues the Notice of Allowance

OR

the applicant may file a civil action against the Director in the US District Court for the Eastern District of Virginia within 180 days after the grant of the patent

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4
Q

For which PO delay reasons are terms of patents adjusted?

A

The PO fails to initially act on an application within 14 months of its filing date

The PO fails to respond to a reply or appeal by an applicant within 4 months of the reply/ appeal

The PO fails to act on an application within 4 months of a Board or court decision in an application containing allowable claims

The PO fails to issue a patent within 3 years of its filing date

Total pendency exceeding 3 years

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5
Q

What are other delays related to interferences and appeals?

A

If issuance of a patent was delayed due to imposition of a secrecy order

If issuance of a patent was delayed due to an interference proceeding

If issuance of a patent was delayed due to successful appellate review

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