37 CFR 1.705

Patent Term Adjustment (PTA) determinations - Registered Patent Attorneys

Should I Be Concerned with How Long it Takes the Patent Office to Send a First Office Action?

Probably not. If you are a large company, you will likely take a portfolio approach. 37 CFR 1.705 discusses Patent Term Adjustment (PTA) determinations. The Patent Office has a generous PTA policy. Additional days will be added to your patent term at a time when the portfolio is the most valuable. FYI – here’s the First Office Action Definition.

For a small to medium size client, the perceived slowness of the Patent Office is also likely not an issue. It takes a startup a fair amount of time to gain traction in the market. During this time, the claims on file can be adapted to be more robust and to possibly target a particular competitor.

For a startup that intends to sell or license their IP, having a continuation application pending at the Patent Office can be an asset. Issued claims can only be amended for minor antecedent basis issues using the certificate of correction procedure. However, a pending continuation allows the claims to be drafted with great flexibility. We recommend at least one continuation for a startup. The new claims will ultimately need to be supported by the specification, but that is why you hire an good patent attorney in Macomb County in the first place. We're also affordable patent lawyers for clients in the South Bay area.

Book an appointment to discuss your Patent issues with one of our Attorneys.

  • Chris Maiorana
  • June 2016
Topics: Affordable Patent Lawyer South Bay, Good Patent Attorney in Macomb County, First Office Action Definition, Continuation Application
[1]  A registered Patent Attorney (of Patent Lawyer) can represent clients nationally before the USPTO - throughout the United Stated. We have Offices in Michigan and San Jose California.
[2]  Blog revised May 2017


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