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21-02-19
- The Patent Term Adjustment is reduced as applicant delay by the period from the receipt of a Notice of Final Rejection until the conclusion date of continued examination. Previously, the applicant delay period was determined until the date requesting continued examination.
- The Patent Term Adjustment is reduced, if documents necessary for substantive examination is not filed within eight (8) months from the filing date of a request for examination, by the excess period thereafter until the filing of the necessary document. The necessary documents include:
■ microorganism deposit certificate
■ document evidencing novelty grace period
■ document verifying a convention priority claim
■ nucleotide and amino acid sequence listings
- The Patent Term Adjustment is reduced, if a correction to a translational error in a patent application is not filed within eight (8) months from the filing date of a request for examination, by the excess period thereafter until the filing of the correction.
Patents eligible for Patent Term Extension due to pharmaceutical marketing authorization are expanded.
- Psychotropic or narcotic drugs approved pursuant to the Narcotics Control Act can also be eligible for patent term extension.
These changes are effective as of July 14, 2020.