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37 CFR 1.704 (2013-12-18 thru 2015-03-09): Reduction of period of adjustment of patent term

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

CFR Part Index | Key Word Index
Part 1: Rules of Practice in Patent Cases
Subpart F - Adjustment And Extension Of Patent Term
Adjustment Of Patent Term Due To Examination Delay

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1.704 (2013-12-18 thru 2015-03-09)    Reduction of period of adjustment of patent term.

[The following paragraphs have limited applicability, see * below. ]

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  • (c) Circumstances that constitute a failure of the applicant to engage in reasonable efforts to conclude processing or examination of an application also include the following circumstances, which will result in the following reduction of the period of adjustment set forth in § 1.703 to the extent that the periods are not overlapping:
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    • (12) Failure to provide an application in condition for examination as defined in paragraph (f) of this section within eight months from either the date on which the application was filed under 35 U.S.C. 111(a) or the date of commencement of the national stage under 35 U.S.C. 371(b) or (f) in an international application, in which case the period of adjustment set forth in § 1.703 shall be reduced by the number of days, if any, beginning on the day after the date that is eight months from either the date on which the application was filed under 35 U.S.C. 111(a) or the date of commencement of the national stage under 35 U.S.C. 371(b) or (f) in an international application and ending on the date the application is in condition for examination as defined in paragraph (f) of this section; and
    • (13) Further prosecution via a continuing application, in which case the period of adjustment set forth in § 1.703 shall not include any period that is prior to the actual filing date of the application that resulted in the patent.

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[*para. (c)(12) above is applicable to those applications in which all requests for continued examination under 35 U.S.C. 132(b) and 37 CFR 1.114 were filed prior to Mar. 10, 2015. See § 1.704 above, for para. (c)(12) applicable to applications in which a request for continued examination was filed on or after Mar. 10, 2015.