How does the USPTO calculate patent term adjustment for applications filed on or after May 29, 2000?
For patent applications filed on or after May 29, 2000, the USPTO calculates patent term adjustment (PTA) based on several factors. According to MPEP 2733:
“The Office makes the patent term adjustment determination by a computer program that uses the information recorded in the Office’s Patent Application Locating and Monitoring (PALM) system.”
The calculation takes into account various delays, including:
- USPTO delays in issuing certain actions
- Delays in issuing the patent beyond three years from filing
- Delays due to interference proceedings, secrecy orders, or successful appellate review
The USPTO then subtracts any applicant delays from this total to determine the final PTA.
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2733 - Patent Term Adjustment Determination,
Patent Law,
Patent Procedure