How does a divisional application 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.

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 application’s PTA is based solely on its own prosecution history
• Any delays or adjustments from the parent application do not affect the divisional’s PTA
• The PTA calculation starts from the filing date of the divisional application
• Applicants should monitor the prosecution of the divisional application to ensure accurate PTA calculation

For more information on patent term adjustment, refer to MPEP 2730.