Oddball Time Periods

June 8, 1995

transition date for patent term

3.5, 7.5, 11.5 years

the times after issue that maintenance fees are due

15 years

term of a design patent (and NO MAINTENANCE FEES)

17 years from issue

old utility patent term

20 years from filing

new utility patent term

30 days

1. time for applicant to respond to remand by the board

2. unextendable time period allowed to file DOE and NASA statements

1 month

shortest shortened statutory period for responding to a PTO requirement

2 months

1. shortest typical period for responding to PTO actions and an ex parte quayle action

2. deadline for responding to Notice of Missing Parts

3. period for responding in a reexamination

4. all deadlines on appeal

5. time for filing petition after decision on reconsideration by the examiner

3 months

1. normal shortened statutory period to respond to an Office Action

2. unextendable period to pay issue fee and file formal drawings

5 months

maximum automatic extension of time

1 year

1. deadline after issuance for copying claim of issued patent or published app for Interference, or for initiating a Derivation proceeding

2. grace period for filing under pre-AIA 102(b) and exception period under AIA 102(b)(1)

3. foreign priority deadline (design 6 months)

4. deadline for replacing Provisional App (not including sat, sun, holidays)

2 years

deadline for filing broadened reissue

5 years

the maximum time of term extension for delay in appeal under PTE

Dec 1, 1997

effective date of 1997 Rule changes

Nov 29, 2000

date on or after which US apps are automatically published and IAS potentially can accrue a 102(e)(1) date if they designate US and publish in English

Filing deadline for preissuance submission

must be filed prior to the earlier of: (1) the date a notice of allowance; OR (2) the later of: (i) 6 months after the date on which the app is first published by the USPTO, or (ii) the date of the first rejection of any claim by the examiner

Sept 16, 2012

phase 2 of AIA, the date for new AIA oath/declaration requirements, Supplemental Examination, Pre-Issuance Submissions, Inter Partes Review, Post-Grant Review and Covered Business Method Review

March 16, 2013

Implementation of AIA 102 and first to file system

January 1, 2004

All member countries of WIPO are automatically designated in any PCT applications after this date