What is the “three-year pendency” rule for patent term adjustment?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The “three-year pendency” rule is a key provision in patent term adjustment, as outlined in 37 CFR 1.702(b). Under this rule:

• A patent is entitled to term adjustment if the USPTO fails to issue the patent within three years of the actual filing date
• Certain time periods are excluded from this three-year calculation, such as time consumed by continued examination

The MPEP states, “37 CFR 1.702(b) indicates that a patent is entitled to patent term adjustment if, subject to a number of limitations, the Office fails to issue a patent within three years of the actual filing date of the application.” This provision implements 35 U.S.C. 154(b)(1)(B).