How is the period of patent term adjustment calculated?
The period of patent term adjustment is calculated based on various factors outlined in 37 CFR 1.703. The calculation includes:
- Delays due to the USPTO failing to meet certain deadlines
- Delays beyond three years from the actual filing date
- Delays due to interferences, secrecy orders, and successful appeals
The MPEP states, “37 CFR 1.703 specifies the period of adjustment if a patent is entitled to patent term adjustment under 35 U.S.C. 154(b)(1) and 37 CFR 1.702.” The specific calculations 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