How is the period of delay calculated for patent term extension under 37 CFR 1.701?

The period of delay for patent term extension under 37 CFR 1.701 is calculated based on the specific reasons for delay. According to MPEP 2720:

• For interference or derivation proceedings: The number of days from the date the proceeding was instituted to the date it was terminated with respect to the application.
• For secrecy orders: The number of days the application was maintained in a sealed condition under 35 U.S.C. 181.
• For appellate review: The number of days from the date an appeal was filed to the date of a final decision in favor of the applicant.

The regulation states: “The term of a patent entitled to extension under paragraph (a) of this section shall be extended for the sum of the periods of delay calculated under paragraphs (c)(1), (c)(2), (c)(3) and (d) of this section, to the extent that these periods are not overlapping, up to a maximum of five years.”

To learn more:

• Patent Term Extension
• MPEP 2720
• 37 CFR 1.701
• Delay Calculation
• Interference
• Secrecy Order
• Appellate Review