Page:United States Statutes at Large Volume 113 Part 2.djvu/1077

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501^-559 the term of the patent shall be extended 1 day for each day of the pendency of the proceeding, order, or review, as the case may be. "(2) LIMITATIONS.— "(A) IN GENERAL.—To the extent that periods of delay attributable to grounds specified in paragraph (1) overlap, the period of any adjustment granted under this subsection shall not exceed the actual number of days the issuance of the patent was delayed. "(B) DISCLAIMED TERM.— No patent the term of which has been disclaimed beyond a specified date may be adjusted under this section beyond the expiration date specified in the disclaimer. "(C) REDUCTION OF PERIOD OF ADJUSTMENT.— "(i) The period of adjustment' of the term of a patent under paragraph (1) shall be reduced by a period equal to the period of time during which the applicant failed to engage in reasonable efforts to conclude prosecution of the application. "(ii) With respect to adjustments to patent term made under the authority of paragraph (1)(B), an applicant shall be deemed to have failed to engage in reasonable efforts to conclude processing or examination of an application for the cumiulative total of any periods of time in excess of 3 months that are taken to respond to a notice from the Office making any rejection, objection, argument, or other request, measuring such 3-month period from the date the notice was given or mailed to the applicant. "(iii) The Director shall prescribe regulations establishing the circumstances that constitute a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application. " (3) PROCEDURES FOR PATENT TERM.ADJUSTMENT DETER- MINATION.— "(A) The Director shall prescribe; regulations establishing procedures for the application for and determination of patent term adjustments under this subsection. "(B) Under the procedures established under subparagraph (A), the Director shall— "(i) make a determination of the period of any patent term adjustment under this subsection, and shall transmit a notice of that determination with the written notice of allowance of the application under section 151; and "(ii) provide the applicant one opportunity to request reconsideration of any patent term adjustment determination made by the Director. "(C) The Director shall reinstate all or part of the cumulative period of time of an adjustment under paragraph (2)(C) if the applicant, prior to the issuance of the patent, makes a showing that, in spite of all due care, the applicant was unable to respond within the 3-month period, but in no case shall more than three additional months for each such response beyond the original 3-month period be reinstated.

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