How do RCE filings affect 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.

Request for Continued Examination (RCE) filings can significantly impact patent term adjustment calculations. According to MPEP 2731:

• Time consumed by continued examination of the application requested by the applicant under 35 U.S.C. 132(b) is not included in the “B delay” three-year period
• The filing of an RCE within three years of the application’s actual filing date will not be considered a failure to issue a patent within three years after the date on which the application was filed
• Multiple RCEs will be treated as a single RCE for purposes of patent term adjustment calculation

The MPEP states: “Any time consumed by continued examination of the application requested by the applicant under section 132(b) shall not be included in the 3-year period.”

It’s crucial for applicants to understand that while RCEs can be useful for advancing prosecution, they can also potentially reduce the amount of patent term adjustment granted due to USPTO delays.