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   Excessive wait
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   Author  Topic: Excessive wait  (Read 965 times)
LF
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Posts: 112
Excessive wait
« on: May 30th, 2007, 11:39am »
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Just had one of my applications come back with a new personal record. The 1st office action is expected in 92 months (It'll probably get better with the promised 1,000 new examiners, but I am not holding my breath).
 
Question is, will the patent term get adjusted for the time past 3 years that it took to the first action? or is the adjustment term only for time(s) used by the PTO in processing when you win (as happens to appeals, etc.)
 
LF
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Isaac
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Re: Excessive wait
« Reply #1 on: May 30th, 2007, 12:39pm »
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on May 30th, 2007, 11:39am, LF wrote:
Question is, will the patent term get adjusted for the time past 3 years that it took to the first action? or is the adjustment term only for time(s) used by the PTO in processing when you win (as happens to appeals, etc.)

 
Patent Term is adjusted for time longer than 14 months to first office action.  That time period can be incremented for other delays and decremented for the applicant induced delays.    
 
Term may also be adjsuted for time greater than three years to actually issue the patent (if no continuation of examination is used).  
 
 
 
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Isaac
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