How does claim sorting 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.

Claim sorting can have a significant impact on patent term adjustment (PTA). The MPEP 2304.01(d) indicates:

“An applicant may be entitled to a day-for-day patent term adjustment for any time spent in an interference.”

By sorting claims and potentially avoiding or streamlining interference proceedings, applicants may minimize delays in patent examination. This can affect the overall patent term adjustment, as less time spent in interference proceedings may result in a shorter extension to the patent term. However, it’s important to note that the specific impact on PTA will depend on various factors and should be assessed on a case-by-case basis.