---
kind: "range"
citation: "37 C.F.R. §§ 1.703–1.705"
title: "37"
from: "1.703"
to: "1.705"
count: 3
url: "https://uscodex.org/cfr/37/1.703..1.705"
---

# §1.703. Period of adjustment of patent term due to examination delay.

- (a) The period of adjustment under [§ 1.702(a)](/cfr/37/1.702.md?p=a) is the sum of the following periods:
  - (1) The number of days, if any, in the period beginning on the day after the date that is fourteen months after the date on which the application was filed under [35 U.S.C. 111(a)](/usc/35/111.md?p=a) or the date the national stage commenced under 35 U.S.C. [371(b)](/usc/35/371.md?p=b) or [(f)](/usc/35/371.md?p=f) in an international application and ending on the date of mailing of either an action under [35 U.S.C. 132](/usc/35/132.md), or a notice of allowance under [35 U.S.C. 151](/usc/35/151.md), whichever occurs first;
  - (2) The number of days, if any, in the period beginning on the day after the date that is four months after the date a reply under [§ 1.111](/cfr/37/1.111.md) was filed and ending on the date of mailing of either an action under [35 U.S.C. 132](/usc/35/132.md), or a notice of allowance under [35 U.S.C. 151](/usc/35/151.md), whichever occurs first;
  - (3) The number of days, if any, in the period beginning on the day after the date that is four months after the date a reply in compliance with [§ 1.113(c)](/cfr/37/1.113.md?p=c) was filed and ending on the date of mailing of either an action under [35 U.S.C. 132](/usc/35/132.md), or a notice of allowance under [35 U.S.C. 151](/usc/35/151.md), whichever occurs first;
  - (4) The number of days, if any, in the period beginning on the day after the date that is four months after the date an appeal brief in compliance with [§ 41.37](/cfr/37/41.37.md) of this title was filed and ending on the date of mailing of any of an examiner's answer under [§ 41.39](/cfr/37/41.39.md) of this title, an action under [35 U.S.C. 132](/usc/35/132.md), or a notice of allowance under [35 U.S.C. 151](/usc/35/151.md), whichever occurs first;
  - (5) The number of days, if any, in the period beginning on the day after the date that is four months after the date of a final decision by the Patent Trial and Appeal Board or by a Federal court in an appeal under [35 U.S.C. 141](/usc/35/141.md) or a civil action under 35 U.S.C. [145](/usc/35/145.md) or [146](/usc/35/146.md) where at least one allowable claim remains in the application and ending on the date of mailing of either an action under [35 U.S.C. 132](/usc/35/132.md) or a notice of allowance under [35 U.S.C. 151](/usc/35/151.md), whichever occurs first; and
  - (6) The number of days, if any, in the period beginning on the day after the date that is four months after the date the issue fee was paid and all outstanding requirements were satisfied and ending on the date a patent was issued.
- (b) The period of adjustment under [§ 1.702(b)](/cfr/37/1.702.md?p=b) is the number of days, if any, in the period beginning on the day after the date that is three years after the date on which the application was filed under [35 U.S.C. 111(a)](/usc/35/111.md?p=a) or the national stage commenced under 35 U.S.C. [371(b)](/usc/35/371.md?p=b) or [(f)](/usc/35/371.md?p=f) in an international application and ending on the date a patent was issued, but not including the sum of the following periods:
  - (1) The number of days, if any, in the period beginning on the date on which any request for continued examination of the application under [35 U.S.C. 132(b)](/usc/35/132.md?p=b) was filed and ending on the date of mailing of the notice of allowance under [35 U.S.C. 151](/usc/35/151.md);
  - (2)
    - (i) The number of days, if any, in the period beginning on the date an interference or derivation proceeding was instituted to involve the application in the interference or derivation proceeding under [35 U.S.C. 135(a)](/usc/35/135.md?p=a) and ending on the date that the interference or derivation proceeding was terminated with respect to the application; and
    - (ii) The number of days, if any, in the period beginning on the date prosecution in the application was suspended by the Office due to interference or derivation proceedings under [35 U.S.C. 135(a)](/usc/35/135.md?p=a) not involving the application and ending on the date of the termination of the suspension;
  - (3)
    - (i) The number of days, if any, the application was maintained in a sealed condition under [35 U.S.C. 181](/usc/35/181.md);
    - (ii) The number of days, if any, in the period beginning on the date of mailing of an examiner's answer under [§ 41.39](/cfr/37/41.39.md) of this title in the application under secrecy order and ending on the date the secrecy order was removed;
    - (iii) The number of days, if any, in the period beginning on the date applicant was notified that an interference or derivation proceeding under [35 U.S.C. 135(a)](/usc/35/135.md?p=a) would be instituted but for the secrecy order and ending on the date the secrecy order was removed; and
    - (iv) The number of days, if any, in the period beginning on the date of notification under [§ 5.3(c)](/cfr/37/5.3.md?p=c) of this chapter and ending on the date of mailing of the notice of allowance under [35 U.S.C. 151](/usc/35/151.md); and,
  - (4) The number of days, if any, in the period beginning on the date on which jurisdiction over the application passes to the Patent Trial and Appeal Board under [§ 41.35(a)](/cfr/37/41.35.md?p=a) of this chapter and ending on the date that jurisdiction by the Patent Trial and Appeal Board ends under [§ 41.35(b)](/cfr/37/41.35.md?p=b) of this chapter or the date of the last decision by a Federal court in an appeal under [35 U.S.C. 141](/usc/35/141.md) or a civil action under [35 U.S.C. 145](/usc/35/145.md), whichever is later.
- (c) The period of adjustment under [§ 1.702(c)](/cfr/37/1.702.md?p=c) is the sum of the following periods, to the extent that the periods are not overlapping:
  - (1) The number of days, if any, in the period beginning on the date an interference or derivation proceeding was instituted to involve the application in the interference or derivation proceeding under [35 U.S.C. 135(a)](/usc/35/135.md?p=a) and ending on the date that the interference or derivation proceeding was terminated with respect to the application; and
  - (2) The number of days, if any, in the period beginning on the date prosecution in the application was suspended by the Office due to interference or derivation proceedings under [35 U.S.C. 135(a)](/usc/35/135.md?p=a) not involving the application and ending on the date of the termination of the suspension.
- (d) The period of adjustment under [§ 1.702(d)](/cfr/37/1.702.md?p=d) is the sum of the following periods, to the extent that the periods are not overlapping:
  - (1) The number of days, if any, the application was maintained in a sealed condition under [35 U.S.C. 181](/usc/35/181.md);
  - (2) The number of days, if any, in the period beginning on the date of mailing of an examiner's answer under [§ 41.39](/cfr/37/41.39.md) of this title in the application under secrecy order and ending on the date the secrecy order was removed;
  - (3) The number of days, if any, in the period beginning on the date applicant was notified that an interference or derivation proceeding under [35 U.S.C. 135(a)](/usc/35/135.md?p=a) would be instituted but for the secrecy order and ending on the date the secrecy order was removed; and
  - (4) The number of days, if any, in the period beginning on the date of notification under [§ 5.3(c)](/cfr/37/5.3.md?p=c) of this chapter and ending on the date of mailing of the notice of allowance under [35 U.S.C. 151](/usc/35/151.md).
- (e) The period of adjustment under [§ 1.702(e)](/cfr/37/1.702.md?p=e) is the sum of the number of days, if any, in the period beginning on the date on which jurisdiction over the application passes to the Patent Trial and Appeal Board under [§ 41.35(a)](/cfr/37/41.35.md?p=a) of this chapter and ending on the date of a final decision in favor of the applicant by the Patent Trial and Appeal Board or by a Federal court in an appeal under [35 U.S.C. 141](/usc/35/141.md) or a civil action under [35 U.S.C. 145](/usc/35/145.md).
- (f) The adjustment will run from the expiration date of the patent as set forth in [35 U.S.C. 154(a)(2)](/usc/35/154.md?p=a-2). To the extent that periods of delay attributable to the grounds specified in [§ 1.702](/cfr/37/1.702.md) overlap, the period of adjustment granted under this section shall not exceed the actual number of days the issuance of the patent was delayed. The term of a patent entitled to adjustment under [§ 1.702](/cfr/37/1.702.md) and this section shall be adjusted for the sum of the periods calculated under [paragraphs (a) through (e)](#a..e) of this section, to the extent that such periods are not overlapping, less the sum of the periods calculated under [§ 1.704](/cfr/37/1.704.md). The date indicated on any certificate of mailing or transmission under [§ 1.8](/cfr/37/1.8.md) shall not be taken into account in this calculation.
- (g) No patent, the term of which has been disclaimed beyond a specified date, shall be adjusted under [§ 1.702](/cfr/37/1.702.md) and this section beyond the expiration date specified in the disclaimer.

# §1.704. Reduction of period of adjustment of patent term.

- (a) The period of adjustment of the term of a patent under [§§ 1.703(a) through (e)](/cfr/37/1.703.md?p=a..e) 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 (processing or examination) of the application.
- (b) With respect to the grounds for adjustment set forth in [§§ 1.702(a) through (e)](/cfr/37/1.702.md?p=a..e), and in particular the ground of adjustment set forth in [§ 1.702(b)](/cfr/37/1.702.md?p=b), an applicant shall be deemed to have failed to engage in reasonable efforts to conclude processing or examination of an application for the cumulative total of any periods of time in excess of three months that are taken to reply to any notice or action by the Office making any rejection, objection, argument, or other request, measuring such three-month period from the date the notice or action was mailed or given to the applicant, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the day after the date that is three months after the date of mailing or transmission of the Office communication notifying the applicant of the rejection, objection, argument, or other request and ending on the date the reply was filed. The period, or shortened statutory period, for reply that is set in the Office action or notice has no effect on the three-month period set forth in this paragraph.
- (c) Circumstances that constitute a failure of the applicant to engage in reasonable efforts to conclude processing or examination of an application also include the following circumstances, which will result in the following reduction of the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) to the extent that the periods are not overlapping:
  - (1) Suspension of action under [§ 1.103](/cfr/37/1.103.md) at the applicant's request, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the date a request for suspension of action under [§ 1.103](/cfr/37/1.103.md) was filed and ending on the date of the termination of the suspension;
  - (2) Deferral of issuance of a patent under [§ 1.314](/cfr/37/1.314.md), in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the date a request for deferral of issuance of a patent under [§ 1.314](/cfr/37/1.314.md) was filed and ending on the earlier of the date a request to terminate the deferral was filed or the date the patent was issued;
  - (3) Abandonment of the application or late payment of the issue fee, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the date of abandonment or the day after the date the issue fee was due and ending on the date the grantable petition to revive the application or accept late payment of the issue fee was filed;
  - (4) Failure to file a petition to withdraw the holding of abandonment or to revive an application within two months from the date of mailing of a notice of abandonment, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the day after the date two months from the date of mailing of a notice of abandonment and ending on the date a petition to withdraw the holding of abandonment or to revive the application was filed;
  - (5) Conversion of a provisional application under [35 U.S.C. 111(b)](/usc/35/111.md?p=b) to a nonprovisional application under [35 U.S.C. 111(a)](/usc/35/111.md?p=a) pursuant to [35 U.S.C. 111(b)(5)](/usc/35/111.md?p=b-5), in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the date the application was filed under [35 U.S.C. 111(b)](/usc/35/111.md?p=b) and ending on the date a request in compliance with [§ 1.53(c)(3)](/cfr/37/1.53.md?p=c-3) to convert the provisional application into a nonprovisional application was filed;
  - (6) Submission of a preliminary amendment or other preliminary paper less than one month before the mailing of an Office action under [35 U.S.C. 132](/usc/35/132.md) or notice of allowance under [35 U.S.C. 151](/usc/35/151.md) that requires the mailing of a supplemental Office action or notice of allowance, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the day after the date that is eight months from either the date on which the application was filed under [35 U.S.C. 111(a)](/usc/35/111.md?p=a) or the date of commencement of the national stage under 35 U.S.C. [371(b)](/usc/35/371.md?p=b) or [(f)](/usc/35/371.md?p=f) in an international application and ending on the date the preliminary amendment or other preliminary paper was filed;
  - (7) Submission of a reply having an omission ([§ 1.135(c)](/cfr/37/1.135.md?p=c)), in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the day after the date the reply having an omission was filed and ending on the date that the reply or other paper correcting the omission was filed;
  - (8) Submission of a supplemental reply or other paper, other than a supplemental reply or other paper expressly requested by the examiner, after a reply has been filed, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the day after the date the initial reply was filed and ending on the date that the supplemental reply or other such paper was filed;
  - (9) Submission of an amendment or other paper after a decision by the Patent Trial and Appeal Board, other than a decision designated as containing a new ground of rejection under [§ 41.50(b)](/cfr/37/41.50.md?p=b) of this title or statement under [§ 41.50(c)](/cfr/37/41.50.md?p=c) of this title, or a decision by a Federal court, less than one month before the mailing of an Office action under [35 U.S.C. 132](/usc/35/132.md) or a notice of allowance under [35 U.S.C. 151](/usc/35/151.md) that requires the mailing of a supplemental Office action or supplemental notice of allowance, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the day after the date of the decision by the Patent Trial and Appeal Board or by a Federal court and ending on date the amendment or other paper was filed;
  - (10) Submission of an amendment under [§ 1.312](/cfr/37/1.312.md) or other paper, other than an amendment under [§ 1.312](/cfr/37/1.312.md) or other paper expressly requested by the Office or a request for continued examination in compliance with [§ 1.114](/cfr/37/1.114.md), after a notice of allowance has been given or mailed, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the day after the date of mailing of the notice of allowance under [35 U.S.C. 151](/usc/35/151.md) and ending on the date the amendment under [§ 1.312](/cfr/37/1.312.md) or other paper was filed;
  - (11) Failure to file an appeal brief in compliance with [§ 41.37](/cfr/37/41.37.md) of this chapter within three months from the date on which a notice of appeal to the Patent Trial and Appeal Board was filed under [35 U.S.C. 134](/usc/35/134.md) and [§ 41.31](/cfr/37/41.31.md) of this chapter, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the day after the date three months from the date on which a notice of appeal to the Patent Trial and Appeal Board was filed under [35 U.S.C. 134](/usc/35/134.md) and [§ 41.31](/cfr/37/41.31.md) of this chapter, and ending on the date an appeal brief in compliance with [§ 41.37](/cfr/37/41.37.md) of this chapter or a request for continued examination in compliance with [§ 1.114](/cfr/37/1.114.md) was filed;
  - (12) Submission of a request for continued examination under [35 U.S.C. 132(b)](/usc/35/132.md?p=b) after any notice of allowance under [35 U.S.C. 151](/usc/35/151.md) has been mailed, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the day after the date of mailing of the notice of allowance under [35 U.S.C. 151](/usc/35/151.md) and ending on the date the request for continued examination under [35 U.S.C. 132(b)](/usc/35/132.md?p=b) was filed;
  - (13) Failure to provide an application in condition for examination as defined in [paragraph (f)](#f) of this section within eight months from either the date on which the application was filed under [35 U.S.C. 111(a)](/usc/35/111.md?p=a) or the date of commencement of the national stage under 35 U.S.C. [371(b)](/usc/35/371.md?p=b) or [(f)](/usc/35/371.md?p=f) in an international application, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall be reduced by the number of days, if any, beginning on the day after the date that is eight months from either the date on which the application was filed under [35 U.S.C. 111(a)](/usc/35/111.md?p=a) or the date of commencement of the national stage under 35 U.S.C. [371(b)](/usc/35/371.md?p=b) or [(f)](/usc/35/371.md?p=f) in an international application and ending on the date the application is in condition for examination as defined in [paragraph (f)](#f) of this section; and
  - (14) Further prosecution via a continuing application, in which case the period of adjustment set forth in [§ 1.703](/cfr/37/1.703.md) shall not include any period that is prior to the actual filing date of the application that resulted in the patent.
- (d)
  - (1) A paper containing only an information disclosure statement in compliance with §§ [1.97](/cfr/37/1.97.md) and [1.98](/cfr/37/1.98.md) will not be considered a failure to engage in reasonable efforts to conclude prosecution (processing or examination) of the application under paragraphs [(c)(6)](#c-6), [(c)(8)](#c-8), [(c)(9)](#c-9), or [(c)(10)](#c-10) of this section, and a request for continued examination in compliance with [§ 1.114](/cfr/37/1.114.md) with no submission other than an information disclosure statement in compliance with §§ [1.97](/cfr/37/1.97.md) and [1.98](/cfr/37/1.98.md) will not be considered a failure to engage in reasonable efforts to conclude prosecution (processing or examination) of the application under [paragraph (c)(12)](#c-12) of this section, if the paper or request for continued examination is accompanied by a statement that each item of information contained in the information disclosure statement:
    - (i) Was first cited in any communication from a patent office in a counterpart foreign or international application or from the Office, and this communication was not received by any individual designated in [§ 1.56(c)](/cfr/37/1.56.md?p=c) more than thirty days prior to the filing of the information disclosure statement; or
    - (ii) Is a communication that was issued by a patent office in a counterpart foreign or international application or by the Office, and this communication was not received by any individual designated in [§ 1.56(c)](/cfr/37/1.56.md?p=c) more than thirty days prior to the filing of the information disclosure statement.
  - (2) **The thirty-day period set forth in paragraph (d)(1) of this section is not extendable.**
  - (3) The statement under [paragraph (d)(1)](#d-1) of this section must be submitted on the Office form (PTO/SB/133) provided for such a patent term adjustment statement using the appropriate document code (PTA.IDS). Otherwise, the paper or request for continued examination will be treated as not accompanied by a statement under [paragraph (d)(1)](#d-1) of this section unless an application for patent term adjustment, in compliance with [§ 1.705(b)](/cfr/37/1.705.md?p=b), is filed, establishing that the paper or request for continued examination was accompanied by a statement in compliance with [paragraph (d)(1)](#d-1) of this section. No changes to statements on this Office form may be made. The presentation to the Office (whether by signing, filing, submitting, or later advocating) of this form, whether by a practitioner or non-practitioner, constitutes a certification under [§ 11.18(b)](/cfr/37/11.18.md?p=b) of this chapter that the existing text and any certification statements on this form have not been altered.
- (e) The submission of a request under [§ 1.705(c)](/cfr/37/1.705.md?p=c) for reinstatement of reduced patent term adjustment will not be considered a failure to engage in reasonable efforts to conclude prosecution (processing or examination) of the application under [paragraph (c)(10)](#c-10) of this section.
- (f) An application filed under [35 U.S.C. 111(a)](/usc/35/111.md?p=a) is in condition for examination when it includes a specification, including at least one claim and an abstract ([§ 1.72(b)](/cfr/37/1.72.md?p=b)), and has papers in compliance with [§ 1.52](/cfr/37/1.52.md), drawings (if any) in compliance with [§ 1.84](/cfr/37/1.84.md), any English translation required by [§ 1.52(d)](/cfr/37/1.52.md?p=d) or [§ 1.57(a)](/cfr/37/1.57.md?p=a), a “Sequence Listing” in compliance with [§§ 1.821 through 1.825](/cfr/37/1.821..1.825.md) (if applicable), a “Sequence Listing XML” in compliance with [§§ 1.831 through 1.835](/cfr/37/1.831..1.835.md) (if applicable), an inventor's oath or declaration or an application data sheet containing the information specified in [§ 1.63(b)](/cfr/37/1.63.md?p=b), the basic filing fee (§ [1.16(a)](/cfr/37/1.16.md?p=a) or [(c)](/cfr/37/1.16.md?p=c)), the search fee (§ [1.16(k)](/cfr/37/1.16.md?p=k) or [(m)](/cfr/37/1.16.md?p=m)), the examination fee (§ [1.16(o)](/cfr/37/1.16.md?p=o) or [(q)](/cfr/37/1.16.md?p=q)), any certified copy of the previously filed application required by [§ 1.57(a)](/cfr/37/1.57.md?p=a), and any application size fee required by the Office under [§ 1.16(s)](/cfr/37/1.16.md?p=s). An international application is in condition for examination when it has entered the national stage as defined in [§ 1.491(b)](/cfr/37/1.491.md?p=b), and includes a specification, including at least one claim and an abstract ([§ 1.72(b)](/cfr/37/1.72.md?p=b)), and has papers in compliance with [§ 1.52](/cfr/37/1.52.md), drawings (if any) in compliance with [§ 1.84](/cfr/37/1.84.md), a “Sequence Listing” in compliance with [§§ 1.821 through 1.825](/cfr/37/1.821..1.825.md) (if applicable), a “Sequence Listing XML” in compliance with [§§ 1.831 through 1.835](/cfr/37/1.831..1.835.md) (if applicable), an inventor's oath or declaration or an application data sheet containing the information specified in [§ 1.63(b)](/cfr/37/1.63.md?p=b), the search fee ([§ 1.492(b)](/cfr/37/1.492.md?p=b)), the examination fee ([§ 1.492(c)](/cfr/37/1.492.md?p=c)), and any application size fee required by the Office under [§ 1.492(j)](/cfr/37/1.492.md?p=j). An application shall be considered as having papers in compliance with [§ 1.52](/cfr/37/1.52.md), drawings (if any) in compliance with [§ 1.84](/cfr/37/1.84.md), and a “Sequence Listing” in compliance with [§§ 1.821 through 1.825](/cfr/37/1.821..1.825.md) (if applicable), or a “Sequence Listing XML” in compliance with [§§ 1.831 through 1.835](/cfr/37/1.831..1.835.md) (if applicable), for purposes of this [paragraph (f)](#f) on the filing date of the latest reply (if any) correcting the papers, drawings, “Sequence Listing,” or “Sequence Listing XML” that is prior to the date of mailing of either an action under [35 U.S.C. 132](/usc/35/132.md) or a notice of allowance under [35 U.S.C. 151](/usc/35/151.md), whichever occurs first.

# §1.705. Patent term adjustment determination.

- (a) The patent will include notification of any patent term adjustment under [35 U.S.C. 154(b)](/usc/35/154.md?p=b).
- (b) Any request for reconsideration of the patent term adjustment indicated on the patent must be by way of an application for patent term adjustment filed no later than two months from the date the patent was granted. This two-month time period may be extended under the provisions of [§ 1.136(a)](/cfr/37/1.136.md?p=a). An application for patent term adjustment under this section must be accompanied by:
  - (1) The fee set forth in [§ 1.18(e)](/cfr/37/1.18.md?p=e); and
  - (2) **A statement of the facts involved, specifying—**
    - (i) The correct patent term adjustment and the basis or bases under [§ 1.702](/cfr/37/1.702.md) for the adjustment;
    - (ii) The relevant dates as specified in [§§ 1.703(a) through (e)](/cfr/37/1.703.md?p=a..e) for which an adjustment is sought and the adjustment as specified in [§ 1.703(f)](/cfr/37/1.703.md?p=f) to which the patent is entitled;
    - (iii) Whether the patent is subject to a terminal disclaimer and any expiration date specified in the terminal disclaimer; and
    - (iv)
      - (A) Any circumstances during the prosecution of the application resulting in the patent that constitute a failure to engage in reasonable efforts to conclude processing or examination of such application as set forth in [§ 1.704](/cfr/37/1.704.md); or
      - (B) That there were no circumstances constituting a failure to engage in reasonable efforts to conclude processing or examination of such application as set forth in [§ 1.704](/cfr/37/1.704.md).
- (c) Any request for reinstatement of all or part of the period of adjustment reduced pursuant to [§ 1.704(b)](/cfr/37/1.704.md?p=b) for failing to reply to a rejection, objection, argument, or other request within three months of the date of mailing of the Office communication notifying the applicant of the rejection, objection, argument, or other request must be filed prior to the issuance of the patent. This time period is not extendable. Any request for reinstatement of all or part of the period of adjustment reduced pursuant to [§ 1.704(b)](/cfr/37/1.704.md?p=b) under this paragraph must also be accompanied by:
  - (1) The fee set forth in [§ 1.18(f)](/cfr/37/1.18.md?p=f); and
  - (2) A showing to the satisfaction of the Director that, in spite of all due care, the applicant was unable to reply to the rejection, objection, argument, or other request within three months of the date of mailing of the Office communication notifying the applicant of the rejection, objection, argument, or other request. The Office shall not grant any request for reinstatement for more than three additional months for each reply beyond three months from the date of mailing of the Office communication notifying the applicant of the rejection, objection, argument, or other request.
- (d) No submission or petition on behalf of a third party concerning patent term adjustment under [35 U.S.C. 154(b)](/usc/35/154.md?p=b) will be considered by the Office. Any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office.