What is the “three-year pendency” rule for patent term adjustment?

The “three-year pendency” rule is a key provision in patent term adjustment, as outlined in 37 CFR 1.702(b). Under this rule:

  • A patent is entitled to term adjustment if the USPTO fails to issue the patent within three years of the actual filing date
  • Certain time periods are excluded from this three-year calculation, such as time consumed by continued examination

The MPEP states, “37 CFR 1.702(b) indicates that a patent is entitled to patent term adjustment if, subject to a number of limitations, the Office fails to issue a patent within three years of the actual filing date of the application.” This provision implements 35 U.S.C. 154(b)(1)(B).

To learn more:

Topics: 2000; Grounds For Adjustment, Adjustments, And Extensions, MPEP 2700 - Patent Terms, MPEP 2730 - Applications Filed On Or After May 29, Patent Law, Patent Procedure
Tags: continued examination, patent term adjustment, Pta Calculation, Three-Year Pendency