Changes to Patent Term Adjustment in View of the Federal Circuit Decision in Novartis v. Lee
The United States Patent and Trademark Office (Office) is proposing changes to the rules of practice pertaining to the patent term adjustment provisions in view of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Novartis AG v. Lee. The Federal Circuit confirmed in Novartis that any time consumed by continued examination is subtracted in determining the extent to which the period of application pendency exceeds three years, regardless when the continued examination was initiated. The Federal Circuit, however, decided that the time consumed by continued examination does not include the time after a notice of allowance, unless the Office actually resumes examination of the application after allowance. The Office is proposing changes to the rules of practice to provide that the time consumed by continued examination does not include the time after a notice of allowance, unless the Office actually resumes examination of the application after allowance. The Office also is proposing changes to the rules of practice to provide that the submission of a request for continued examination after a notice of allowance has been mailed will constitute a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application and thus result in a reduction of any period of patent term adjustment.
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- Read the news
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- Legacy system
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- Current entry point
- www.federalregister.gov/documents/2014/06/18/2014-14186/changes-to-patent-term-adjustment-in-view-of-the-federal-circuit-decision-in-novartis-v-lee (permanent link in the Federal Register, verified 2026-09-30)
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- Published
- 2014-06-18
- Document type
- Proposed Rule
- Source
- USPTO documents published in the Federal Register (Federal Register API)(retrieved 2026-10-06)
Everything in the same category
Read the news (all 1988) · both (all 2333)
Related entry points
- Changes to Patent Term Adjustment in View of the Federal Circuit Decision in Novartis v. Lee
- Revision of Patent Term Extension and Adjustment Provisions Relating to Appellate Review and Information Disclosure Statements
- 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
- Patent Term Adjustment Reductions in View of the Federal Circuit Decision in Supernus Pharm., Inc. v. Iancu.
- Revision of Patent Term Adjustment Provisions Relating to Information Disclosure Statements
- Standardization of the Patent Term Adjustment Statement Regarding Information Disclosure Statements
- Revision of Patent Term Adjustment Provisions Relating to Appellate Review
- Pilot Program for Extended Time Period To Reply to a Notice To File Missing Parts of Nonprovisional Application
- After Final Consideration Pilot Program 2.0
- Changes To Practice for Continuing Applications, Requests for Continued Examination Practice, and Applications Containing Patentably Indistinct Claims
- Changes To Implement the 2002 Inter Partes Reexamination and Other Technical Amendments to the Patent Statute
- Changes To Implement the Patent Law Treaty
- Enhanced Examination Timing Control Initiative; Notice of Public Meeting
- Revision of Patent Term Adjustment Provisions Relating to Appellate Review
- Submission for OMB Review; Comment Request