Alerts10.7.24

USPTO Coding Error Affects Patent Term Adjustment: Key Deadlines and Actions for Patentees

coding error message

Highlights

The USPTO issued a warning of a coding error that may affect some U.S. patents issued between March 19, 2024, and July 30, 2024

Patentees seeking a revised patent term adjustment determination based on this error must submit a timely petition for reconsideration

The burden of determining whether patentees have been affected by this issue falls on the patentee, and requests for correction of affected patents may need to be filed as early as Oct. 19, 2024


On Sept. 25, 2024, the U.S. Patent and Trademark Office (USPTO) published a notice regarding a coding error affecting its patent term adjustment (PTA) software. The coding error potentially affects U.S. patents issued between March 19, 2024, and July 30, 2024. 

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