What are “A delays” in patent term adjustment?
“A delays” are a specific type of delay attributed to the USPTO in the patent examination process. According to MPEP 2731, A delays include:
- Failure to provide certain notifications within 14 months of filing
- Failure to respond to a reply within 4 months
- Failure to act on an application within 4 months after a decision by the Patent Trial and Appeal Board or a Federal court
- Failure to issue a patent within 4 months after payment of the issue fee
The MPEP states: “The term of an original patent shall be adjusted if the issuance of the patent was delayed due to the failure of the Office to provide at least one of the notifications under section 132 or a notice of allowance under section 151 not later than 14 months after the date on which the application was filed under section 111(a) or the date of commencement of the national stage under section 371 in an international application.”
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2731 - Period Of Adjustment,
Patent Law,
Patent Procedure