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Prosecution Pointer 320 - Intellectual Property

The Publication Site for Issued and Published Sequences (PSIPS) website provides Sequence Listings, tables, and other mega items for granted U.S. patents or published U.S. patent applications.

Sequence Listing Errors Can Rob You Of Patent Term Adjustment | Foley & Lardner LLP

To embed, copy and paste the code into your website or blog: Under current USPTO Patent Term Adjustment (PTA) rules, an Applicant can be charged a Patent Term Adjustment (PTA) deduction for “applicant delay” before examination commences if the application is not “ready for examination” within eight months of its filing date (or national stage commencement date). While that rule first came into effect with the December 18, 2013 Patent Law Treaty rule changes, we have been seeing more pre-examination PTA deductions since the USPTO implemented the Supernus-related PTA changes July 16. 2020. While those changes expressly altered the PTA rules surrounding Preliminary Amendments, Applicants may be surprised to be charged PTA deductions for correcting Sequence Listing errors.

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