What should I do if I believe the Patent Term Adjustment on my patent is incorrect?

If you believe the Patent Term Adjustment (PTA) indicated on your patent is incorrect, you have several options depending on whether you think it’s too long or too short:

1. If you think the PTA is too short: File a request for reconsideration using the procedures set forth in 37 CFR 1.705(b). This is the official process for requesting a review of the PTA determination.
2. If you think the PTA is too long: As a registered practitioner, you may disclose the error to the Office in a letter, complying with your duty of candor and good faith. The MPEP states: “The Office will treat letters submitted by patentees stating that Office’s determination of patent term adjustment indicated on the patent is greater than what the applicant or patentee believes is appropriate by placing these letters in the file of the patent without comment.”
3. File a terminal disclaimer: You may file a terminal disclaimer at any time, disclaiming any period considered in excess of the appropriate patent term adjustment.

It’s important to note that the USPTO “will not review these letters or issue certificates of correction under either 35 U.S.C. 254 or 255 on the basis of these letters” for PTAs that are believed to be too long. The official reconsideration process must be used for any adjustments.

To learn more:

• Patent Term Adjustment
• PTA reconsideration
• USPTO procedures
• terminal disclaimer
• duty of candor