What are “B delays” in patent term adjustment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. “B delays” are another category of delays in the patent examination process that can lead to patent term adjustments. According to MPEP 2731 , B delays occur when: The USPTO fails to issue a patent within three years of the actual filing date of the application The application is involved in an interference proceeding The application is subject to a secrecy order The application undergoes successful appellate review The MPEP states: “Subject to the provisions of 35 U.S.C. 154(b) and this subpart, the term of an original patent shall be adjusted if the issuance of the patent was delayed due to the failure of the Office to issue a patent within three years after the date on which the application was filed under section 111(a) or the national stage commenced under section 371 in an international application.” It’s important to note that the three-year period does not include time consumed by continued examination of the application requested by the applicant under section 132(b). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Time Consumed by Continued Examination May Include Non-Contiguous Periods After Notice of Allowance MPEP 2731 Permitted Time Consumed by Continued Examination Excluded from Patent Term Adjustment Calculation MPEP 2731 Time Consumed by Continued Examination Excluded from Patent Term Adjustment MPEP 2731 Time Consumed by Continued Examination Not Starting on Request Date MPEP 2731 Time Consumed by Continued Examination Excluded from Patent Term Adjustment MPEP 2731 Time Consumed by Continued Examination Applies to All Patents MPEP 2731 Time Consumed by Continued Examination Is Calculated from Request to Allowance MPEP 2731 Time Consumed by Cont...