37 CFR 1.704 (2012‑09‑17 thru 2013‑12‑17): Reduction of period of adjustment of patent term

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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1.704 (2012‑09‑17 thru 2013‑12‑17)    Reduction of period of adjustment of patent term.

[Editor Note: Paras. (c)(11-12) and (f) below are applicable to applications filed before (and international applications in which the national stage commenced before) December 18, 2013 in which a notice of appeal was filed on or after Sept. 17, 2012. ]

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    • (11) Failure to file an appeal brief in compliance with § 41.37 of this chapter within three months from the date on which a notice of appeal to the Patent Trial and Appeal Board was filed under 35 U.S.C. 134 and § 41.31 of this chapter, 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 three months from the date on which a notice of appeal to the Patent Trial and Appeal Board was filed under 35 U.S.C. 134 and § 41.31 of this chapter, and ending on the date an appeal brief in compliance with § 41.37 of this chapter or a request for continued examination in compliance with § 1.114 was filed; and
    • (12) 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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[* Paras. (c)(11) and (c)(12) above apply to applications filed under 35 U.S.C. 111 before Dec. 18, 2013, and international applications in which the national stage commenced under 35 U.S.C. 371 on or after Dec. 18, 2013, and in which a notice of appeal was filed on or after Sept. 17, 2012. For the current rule, including paras. (c)(11) and (c)(12) applicable to applications filed (or in which the national stage commenced) on or after Dec. 18, 2013, see § 1.704. For para. (c)(11) in effect for applications in which there was no notice of appeal filed on or after Sept. 17, 2012, see § 1.704 (pre‑2012‑09‑17).]