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USPTO Issues Interim Final Rule for Patent Term Adjustment Provisions of AIA Technical Corrections Act
Practical Law Legal Update 0-525-5208 (Approx. 3 pages)
USPTO Issues Interim Final Rule for Patent Term Adjustment Provisions of AIA Technical Corrections Act
by PLC Intellectual Property & Technology
| Published on 01 Apr 2013 • USA (National/Federal) |
The USPTO has published an interim final rule revising the rules of practice to implement the changes to the patent term adjustment reduction provisions in Section 1(h) of the AIA Technical Corrections Act.
The USPTO published an interim final rule on April 1, 2013 revising the rules of practice to implement the patent term adjustment provisions in section 1(h) of the AIA Technical Amendments Act (see Legal Update, America Invents Act Technical Amendments Enacted into Law. The rule revises the rules of practice by changing the date from which:
- The fourteen-month patent term adjustment period is measured.
- The 3-year patent term adjustment period is measured for international applications filed under the Patent Cooperation Treaty.
Both will be measured from the same date, either:
- The date an application was filed under 35 U.S.C. § 111(a) in an application under 35 U.S.C. § 111.
- The commencement date of the national stage under 35 U.S.C. § 371 in an international application.
The rule is effective on April 1, 2013. Written comments must be provided no later than May 31, 2013.