Revision of Patent Term Adjustment Provisions Relating to Information Disclosure Statements
The United States Patent and Trademark Office (Office) is revising the patent term adjustment provisions of the rules of practice in patent cases. The patent term adjustment provisions of the American Inventors Protection Act of 1999 (AIPA) provide for a reduction of any patent term adjustment if the applicant failed to engage in reasonable efforts to conclude prosecution of the application. The Office is revising the rules of practice pertaining to the reduction of patent term adjustment for applicant delays to exclude information disclosure statements resulting from the citation of information in a counterpart application that are promptly filed with the Office. The rule change allows the diligent applicant to avoid patent term adjustment reduction for an IDS submission that results from a communication from the Office. Presently, the rule only provides relief if the IDS was cited as a result of a communication from a foreign patent office. Under this final rule, there will be no reduction of patent term adjustment in the following situations: when applicant promptly submits a reference in an information disclosure statement after the mailing of a notice of allowance if the reference was cited by the Office in another application, or when applicant promptly submits a copy of an Office communication (e.g., an Office action) in an information disclosure statement after the mailing of a notice of allowance if the Office communication was issued by the Office in another application or by a foreign patent office in a counterpart foreign application. The above changes are intended to ensure compliance with AIPA in light of the evolving case law.
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- Read the news
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- Legacy system
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- Current entry point
- www.federalregister.gov/documents/2011/12/01/2011-30933/revision-of-patent-term-adjustment-provisions-relating-to-information-disclosure-statements (permanent link in the Federal Register, verified 2026-09-30)
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- What you need (account or API key)
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- Published
- 2011-12-01
- Document type
- Rule
- Source
- USPTO documents published in the Federal Register (Federal Register API)(retrieved 2026-10-06)
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Related entry points
- Revision of Patent Term Extension and Adjustment Provisions Relating to Appellate Review and Information Disclosure Statements
- Changes to Patent Term Adjustment in View of the Federal Circuit Decision in Novartis v. Lee
- Revision of Patent Term Adjustment Provisions Relating to Appellate Review
- Changes to Patent Term Adjustment in View of the Federal Circuit Decision in Novartis v. Lee
- Revision of Patent Term Adjustment Provisions Relating to Appellate Review
- Standardization of the Patent Term Adjustment Statement Regarding Information Disclosure Statements
- Patent Term Adjustment Reductions in View of the Federal Circuit Decision in Supernus Pharm., Inc. v. Iancu.
- Changes To Facilitate Applicant's Authorization of Access to Unpublished U.S. Patent Applications by Foreign Intellectual Property Offices
- Revision of Patent Term Extension and Patent Term Adjustment Provisions
- Patent Term Adjustment Reductions in View of the Federal Circuit Decision in Supernus Pharm., Inc. v. Iancu
- Patent Term Adjustment Procedures in View of the Federal Circuit Decision in Supernus Pharm., Inc. v. Iancu
- Change in Practice Regarding Correction of Foreign Priority Claims
- Changes To Implement Patent Term Adjustment Under Twenty-Year Patent Term
- Changes to Continued Prosecution Application Practice
- Changes To Practice for Continuing Applications, Requests for Continued Examination Practice, and Applications Containing Patentably Indistinct Claims
- Revision of Patent Term Extension and Patent Term Adjustment Provisions Related to Decisions by the Board of Patent Appeals and Interferences