What is Patent Term Adjustment (PTA) and how is it determined?

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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. Patent Term Adjustment (PTA) is a mechanism to compensate patent applicants for delays in the patent examination process. It is determined based on various factors and calculations as outlined in 35 U.S.C. 154(b) . According to MPEP 2733 , “The patent will include notification of any patent term adjustment under 35 U.S.C. 154(b).” This means that the official PTA determination is provided on the granted patent itself. The calculation takes into account different types of delays, including those caused by the USPTO and those attributed to the applicant. The final PTA is typically calculated just before the patent is issued. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Notification of Patent Term Adjustment Required MPEP 2733 Notification of Patent Term Adjustment on Issuance MPEP 2733 Notification of Patent Term Adjustment Required on Issuance MPEP 2733 Required Notification of Patent Term Adjustment on Issuance MPEP 2733 Required Notification of Patent Term Adjustment on Patent MPEP 2733 Patent Term Adjustment Notification No Longer Sent With Notice of Allowance MPEP 2733 Patent Term Adjustment Calculation Must Be Available Online MPEP 2733 Patent Term Adjustment Overage Must Be Disclosed MPEP 2733 Permitted Request for Patent Term Adjustment Reconsideration Must Follow Specific Procedures MPEP 2733 Required Patent Term Adjustment Exceeds Belief Not Requiring Action MPEP 2733 Other Related FAQs 5 FAQs Collapse Can I request a Certificate of Correction to change the Patent Term Adjustment on my patent? How can I check the accuracy of the data used for Patent Term Adjustment calculations? What should I do if I believe the Patent Term Adjustment on my patent is ...