How is the patent term extension period calculated?
The calculation of the patent term extension period is based on the regulatory review period and several other factors. According to MPEP 2758, the basic formula is:
Period of Extension = RRP – PGRRP – DD – ½ (TP – PGTP)
Where:
- RRP: Total number of days in the regulatory review period
- PGRRP: Number of days of the RRP before the patent issued
- DD: Number of days of the RRP that the applicant did not act with due diligence
- TP: Testing phase period
- PGTP: Number of days of the TP before the patent issued
The USPTO relies on the Secretary’s determination of the regulatory review period length and applies statutory limitations to ensure the final extension does not exceed legal maximums.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2758 - Notice Of Final Determination - Calculation Of Patent Term Extension,
Patent Law,
Patent Procedure