What is patent term adjustment?
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.
Patent term adjustment (PTA) is additional time added to a patent’s term to compensate for delays in patent issuance caused by the United States Patent and Trademark Office (USPTO). The adjustment is governed by 35 U.S.C. 154(b) and is calculated based on various types of delays specified in the statute.
As stated in MPEP 2731: “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 adjustment aims to ensure that applicants are not unfairly penalized for delays outside their control during the patent examination process.