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:

• Patent Term Adjustment
• USPTO Delays
• Three-Year Pendency
• Interferences
• Secrecy Orders
• Appeals