What is Patent Term Adjustment (PTA) and how is it determined?
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.
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Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2733 - Patent Term Adjustment Determination,
Patent Law,
Patent Procedure