37 CFR 1.703 (pre-2012-09-17) — Period of adjustment of patent term due to examination delay

Ninth Edition, Revision 01.2024

[Editor Note: The paragraphs below are not applicable to applications and patents in which a notice of allowance was issued on or after September 17, 2012 or a patent was granted on or after January 14, 2013 *]

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• (b) The period of adjustment under § 1.702(b) is the number of days, if any, in the period beginning on the day after the date that is three years after the date on which the application was filed under 35 U.S.C. 111(a) or the national stage commenced under 35 U.S.C. 371(b) or (f) in an international application and ending on the date a patent was issued, but not including the sum of the following periods:
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  • (4) The number of days, if any, in the period beginning on the date on which a notice of appeal to the Board of Patent Appeals and Interferences was filed under 35 U.S.C. 134 and § 41.31 of this title and ending on the date of the last decision by the Board of Patent Appeals and Interferences or by a Federal court in an appeal under 35 U.S.C. 141 or a civil action under 35 U.S.C. 145 , or on the date of mailing of either an action under 35 U.S.C. 132 , or a notice of allowance under 35 U.S.C. 151 , whichever occurs first, if the appeal did not result in a decision by the Board of Patent Appeals and Interferences.

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[Added, 65 FR 56366, Sept. 18, 2000, effective Oct. 18, 2000; para. (f) revised, 69 FR 21704, Apr. 22, 2004, effective May 24, 2004; paras. (a)(4), (b)(3)(ii), (b)(4), (d)(2), and (e) revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; paras. (a)(5), (b)(2), (b)(3)(iii), (c)(1)-(2) and (d)(3) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]

[*See § 1.703 for para. (a)(1) applicable to patents granted on or after Jan. 14, 2013 and paras. (b)(4) and (e) applicable if a notice of allowance was issued on or after Sept. 17, 2012]