What is patent term adjustment?
Patent term adjustment (PTA) is additional time added to a patent’s term to compensate for delays in patent issuance caused by the United States Patent and Trademark Office (USPTO). The adjustment is governed by 35 U.S.C. 154(b) and is calculated based on various types of delays specified in the statute. As stated in MPEP 2731:…
Read MoreWhat is Patent Term Adjustment (PTA) and how is it determined?
Patent Term Adjustment (PTA) is a mechanism to compensate patent applicants for delays in the patent examination process. It is determined based on various factors and calculations as outlined in 35 U.S.C. 154(b). According to MPEP 2733, “The patent will include notification of any patent term adjustment under 35 U.S.C. 154(b).” This means that the…
Read MoreHow does a reissue application affect patent term adjustment?
How does a reissue application affect patent term adjustment? A reissue application does not affect the patent term adjustment (PTA) of the original patent. The MPEP 1405 states: “The filing of a reissue application does not affect the patent term adjustment under 35 U.S.C. 154(b) of the original patent.” This means that any PTA granted…
Read MoreHow does a request for suspension of action affect patent term adjustment?
How does a request for suspension of action affect patent term adjustment? A request for suspension of action can negatively impact patent term adjustment (PTA). According to MPEP 709: ‘Note that the period of suspension under 37 CFR 1.103(a)-(d) is calculated from the date of approval and is added to the time period for reply…
Read MoreWhat happens to the patent term adjustment during a suspension of action?
What happens to the patent term adjustment during a suspension of action? The impact of a suspension of action on patent term adjustment (PTA) depends on the type of suspension. According to MPEP 709: Applicant-requested suspensions: These generally do not stop the accrual of patent term adjustment. The time consumed by the suspension is considered…
Read MoreWhat is the effect of a delayed submission of a benefit claim on patent term adjustment?
A delayed submission of a benefit claim can have significant implications for patent term adjustment (PTA). According to MPEP 211.04: “If a petition under 37 CFR 1.78 to accept an unintentionally delayed benefit claim is granted, the petition decision will notify applicant that the patent term adjustment statement in the notice of allowance may need…
Read MoreHow does a divisional application affect patent term adjustment?
A divisional application’s patent term adjustment (PTA) is calculated independently from its parent application. The MPEP 201.06 provides guidance on this matter: ‘A divisional application will receive its own patent term adjustment under 35 U.S.C. 154(b), which will be calculated based on the prosecution of the divisional application itself.’ Key points to understand: The divisional…
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