How can I check the accuracy of the data used for Patent Term Adjustment calculations?
The USPTO provides a way for applicants to check the accuracy of the data used in Patent Term Adjustment (PTA) calculations throughout the prosecution process. According to MPEP 2733:
“Information as to how the patent term adjustment calculation has been made will be available through Patent Application Information Retrieval (PAIR) at www.uspto.gov/learning-and-resources/portal-applications. Applicants may routinely use PAIR to check the accuracy of the data entered in the OPSG system for their applications (i.e., the type of the paper and date of receipt in the Office) throughout prosecution.”
It’s important to verify this information early and often. If you detect any errors, you should bring them to the Office’s attention as soon as possible. This can be done by contacting the examiner or the Technology Center’s customer service representative. Prompt correction of errors ensures they are addressed before the allowance of the application and the determination of the patent term adjustment.
Remember that the date recorded should be the date of receipt by the Office, not the mailing date under 37 CFR 1.8. For Priority Mail Express® submissions, the “date accepted” on the label is used.
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