How does the USPTO calculate the patent term adjustment period?
The USPTO calculates the patent term adjustment period based on several factors outlined in MPEP 2731. The calculation includes:
- Delays attributed to the USPTO (A delays)
- Delays due to interference proceedings, secrecy orders, or successful appellate review (B delays)
- Delays due to Request for Continued Examination (RCE) filings
- Overlapping days between A and B delays
- Applicant delays
The MPEP states: “The period of adjustment of the term of a patent under 37 CFR 1.702(a) through (e) shall be the sum of the periods specified in 37 CFR 1.703(a) through (e) as measured in days, to the extent that the periods are not overlapping, reduced by the period specified in 37 CFR 1.704.”
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2731 - Period Of Adjustment,
Patent Law,
Patent Procedure