How is the A-delay calculated for patent term adjustment?
The A-delay is calculated based on the USPTO’s failure to meet certain deadlines during patent prosecution. According to MPEP 2731, there are several components to the A-delay:
- Failure to issue a first Office action within 14 months of filing
- Failure to respond to a reply within 4 months
- Failure to act on an application within 4 months of a decision by the Patent Trial and Appeal Board or a Federal court
- Failure to issue a patent within 4 months of payment of the issue fee
For example, regarding the first component, MPEP 2731 states: “37 CFR 1.703(a)(1) pertains to the provisions of 35 U.S.C. 154(b)(1)(A)(i) and specifies that the period is the number of days, if any, beginning on the date after the day that is fourteen months after the date on which the application was filed under 35 U.S.C. 111(a) or fulfilled the requirements of 35 U.S.C. 371 in an international application and ending on the mailing date of either an action under 35 U.S.C. 132, or a notice of allowance under 35 U.S.C. 151, whichever occurs first.“
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2731 - Period Of Adjustment,
Patent Law,
Patent Procedure