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USPTO Says Some Requests for PTA Reconsideration Are Premature

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Sydney Kokjohn -- We recently received a dismissal of a Request for Reconsideration of Patent Term Adjustment Determination under 37 C.F.R. § 1.705(b). The Request was filed solely on the basis that the Patent Office had taken more than three years to issue the patent. The patent application was filed on December 7, 2005. Thus, a patent should have issued by December 7, 2008. A Request for Continued Examination (RCE) was filed on February 16, 2009, thus cutting off from that date any additional patent term for failure to issue the patent within three years under 37 C.F.R. §...

Full post as published by Patent Docs on September 08, 2009 (boomark / email).