What are applicant delays in patent term adjustment?

Applicant delays are periods during patent prosecution that reduce the overall patent term adjustment. According to MPEP 2731, applicant delays include:

• Failing to reply to a notice or action within three months
• Filing a supplemental reply or other paper that was not expressly requested by the examiner
• Submitting a preliminary amendment or other preliminary paper less than one month before the mailing of an Office action
• Submitting an amendment or other paper after a decision by the Patent Trial and Appeal Board or a Federal court that requires the USPTO to issue a supplemental Office action

The MPEP states: “The period of adjustment of the term of a patent under § 1.703(a) through (e) shall be reduced by a period equal to the period of time during which the applicant failed to engage in reasonable efforts to conclude prosecution (processing or examination) of the application.”

It’s important for applicants to be aware of these potential delays and to respond promptly to USPTO communications to maximize their patent term adjustment.

To learn more:

• applicant delays
• patent term adjustment
• prosecution delays
• USPTO communications