How does a divisional application affect patent term adjustment?

A divisional application’s patent term adjustment (PTA) is calculated independently from its parent application. The MPEP 201.06 provides guidance on this matter:

‘A divisional application will receive its own patent term adjustment under 35 U.S.C. 154(b), which will be calculated based on the prosecution of the divisional application itself.’

Key points to understand:

• The divisional application’s PTA is based solely on its own prosecution history
• Any delays or adjustments from the parent application do not affect the divisional’s PTA
• The PTA calculation starts from the filing date of the divisional application
• Applicants should monitor the prosecution of the divisional application to ensure accurate PTA calculation

For more information on patent term adjustment, refer to MPEP 2730.

To learn more:

• divisional application
• patent term adjustment
• PTA
• 35 U.S.C. 154(b)

To learn more:

• 35 U.S.C. 154(b)