What are “B delays” in patent term adjustment?

“B delays” are another category of delays in the patent examination process that can lead to patent term adjustments. According to MPEP 2731, B delays occur when:

• The USPTO fails to issue a patent within three years of the actual filing date of the application
• The application is involved in an interference proceeding
• The application is subject to a secrecy order
• The application undergoes successful appellate review

The MPEP states: “Subject to the provisions of 35 U.S.C. 154(b) and this subpart, 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 issue a patent within three years after the date on which the application was filed under section 111(a) or the national stage commenced under section 371 in an international application.”

It’s important to note that the three-year period does not include time consumed by continued examination of the application requested by the applicant under section 132(b).

To learn more:

• B delays
• patent term adjustment
• USPTO delays
• patent examination
• three-year rule