How is the period of patent term adjustment calculated?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. The period of patent term adjustment is calculated based on various factors outlined in 37 CFR 1.703 . The calculation includes: Delays due to the USPTO failing to meet certain deadlines Delays beyond three years from the actual filing date Delays due to interferences, secrecy orders, and successful appeals The MPEP states, “ 37 CFR 1.703 specifies the period of adjustment if a patent is entitled to patent term adjustment under 35 U.S.C. 154(b)(1) and 37 CFR 1.702 .” The specific calculations are detailed in paragraphs (a) through (e) of the regulation. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Term Adjustment for USPTO Delays MPEP 2730 Period of Patent Term Adjustment Due to Trial Board Jurisdiction MPEP 2730 Period of Adjustment for Patent Term Due to Examination Delay MPEP 2730 Period of Adjustment for Patent Term Due to Examination Delay MPEP 2730 Patent Term Adjustment for Secrecy Orders MPEP 2730 Notification of Patent Term Adjustment Required MPEP 2730 Derivation Proceedings Added to Patent Term Adjustment for Office Delays MPEP 2730 Derivation Proceedings Added to Patent Term Adjustment Guarantees MPEP 2730 Clarified Filing Date for Patent Term Adjustment MPEP 2730 Patent Term Adjustment Applies to Original Applications Filed on or After May 29, 2000 MPEP 2730 Permitted Other Related FAQs 5 FAQs Collapse What are the grounds for patent term adjustment? How does the submission of an Information Disclosure Statement (IDS) affect patent term adjustment? What actions can reduce the period of patent term adjustment? How can an applicant request reconsideration of the patent term adjustment? Can third parties challenge or comment on patent term ad...