What are the grounds for patent term adjustment?
The grounds for patent term adjustment are specified in 37 CFR 1.702 and include:
- Delays due to the USPTO failing to take certain actions within specified timeframes
- Delays due to the USPTO failing to issue a patent within three years of the actual filing date
- Delays due to interferences, secrecy orders, and appeals
As stated in the MPEP, “37 CFR 1.702 sets forth the bases for patent term adjustment under 35 U.S.C. 154(b)(1).” The specific grounds are detailed in paragraphs (a) through (e) of the regulation.
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