How does the USPTO calculate the patent term adjustment period?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 USPTO calculates the patent term adjustment period based on several factors outlined in MPEP 2731 . The calculation includes: Delays attributed to the USPTO (A delays) Delays due to interference proceedings, secrecy orders, or successful appellate review (B delays) Delays due to Request for Continued Examination (RCE) filings Overlapping days between A and B delays Applicant delays The MPEP states: “The period of adjustment of the term of a patent under 37 CFR 1.702(a) through (e) shall be the sum of the periods specified in 37 CFR 1.703(a) through (e) as measured in days, to the extent that the periods are not overlapping, reduced by the period specified in 37 CFR 1.704.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Period of Patent Term Adjustment Is Summed MPEP 2731 Patent Term Adjustment Due to Interference and Suspension MPEP 2731 Period of Adjustment for Patent Term Due to Interference/Secrecy MPEP 2731 Period of Adjustment Due to Interference or Suspension MPEP 2731 Period of Adjustment for Patent Term Due to Examination Delay MPEP 2731 Period of Adjustment for Patent Term Due to Examination Delay MPEP 2731 Period of Adjustment for Patent Term Due to Examination Delay MPEP 2731 Period of Adjustment for Patent Term Due to Examination Delay MPEP 2731 Period of Adjustment for Patent Term Due to Examination Delay MPEP 2731 Limitations on Patent Term Adjustment MPEP 2731 Other Related FAQs 5 FAQs Collapse What are &#8220;A delays&#8221; in patent term adjustment? What are applicant delays in patent term adjustment? What are &#8220;B delays&#8221; in patent term adjustment? How is the A-delay calculated for patent term adjustment? How do interference and...