# 37 CFR § 1.705: Patent term adjustment determination > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-37-1.705 ## Section - **Citation:** 37 CFR § 1.705 - **Heading:** Patent term adjustment determination - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 37—Patents, Trademarks, and Copyrights > CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE > SUBCHAPTER A—GENERAL > PART 1—RULES OF PRACTICE IN PATENT CASES > Subpart F—Adjustment and Extension of Patent Term > Adjustment of Patent Term Due to Examination Delay ## Text (a) The patent will include notification of any patent term adjustment under 35 U.S.C. 154(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). An application for patent term adjustment under this section must be accompanied by: (1) The fee set forth in § 1.18(e); and (2) A statement of the facts involved, specifying: (i) The correct patent term adjustment and the basis or bases under § 1.702 for the adjustment; (ii) The relevant dates as specified in §§ 1.703(a) through (e) for which an adjustment is sought and the adjustment as specified in § 1.703(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; 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. (c) Any request for reinstatement of all or part of the period of adjustment reduced pursuant to § 1.704(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) under this paragraph must also be accompanied by: (1) The fee set forth in § 1.18(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) 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. [65 FR 56394, Sept. 18, 2000, as amended at 69 FR 21711, Apr. 22, 2004; 78 FR 19420, Apr. 1, 2013] ## Nearby sections - [37 CFR § 1.701 § 1.701 Extension of patent term due to examination delay under the Uruguay Round Agreements Act (original applications, other than designs, filed on or after June 8, 1995, and before May 29, 2000).](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.701.md) - [37 CFR § 1.702 § 1.702 Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000).](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.702.md) - [37 CFR § 1.703 § 1.703 Period of adjustment of patent term due to examination delay.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.703.md) - [37 CFR § 1.704 § 1.704 Reduction of period of adjustment of patent term.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.704.md) - [37 CFR § 1.705 § 1.705 Patent term adjustment determination.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.705.md) - [37 CFR § 1.710 § 1.710 Patents subject to extension of the patent term.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.710.md) - [37 CFR § 1.720 § 1.720 Conditions for extension of patent term.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.720.md) - [37 CFR § 1.730 § 1.730 Applicant for extension of patent term; signature requirements.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.730.md) - [37 CFR § 1.740 § 1.740 Formal requirements for application for extension of patent term; correction of informalities.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.740.md) - [37 CFR § 1.741 § 1.741 Complete application given a filing date; petition procedure.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.741.md) - [37 CFR § 1.750 § 1.750 Determination of eligibility for extension of patent term.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.750.md) - [37 CFR § 1.760 § 1.760 Interim extension of patent term under 35 U.S.C. 156(e)(2).](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.760.md) - [37 CFR § 1.765 § 1.765 Duty of disclosure in patent term extension proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.765.md) - [37 CFR § 1.770 § 1.770 Express withdrawal of application for extension of patent term.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.770.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-37-1.705. Check the current official text before relying on it. Not legal advice.