What is the “three-year pendency” rule for patent term adjustment?
The “three-year pendency” rule is a key provision in patent term adjustment, as outlined in 37 CFR 1.702(b). Under this rule:
- A patent is entitled to term adjustment if the USPTO fails to issue the patent within three years of the actual filing date
- Certain time periods are excluded from this three-year calculation, such as time consumed by continued examination
The MPEP states, “37 CFR 1.702(b) indicates that a patent is entitled to patent term adjustment if, subject to a number of limitations, the Office fails to issue a patent within three years of the actual filing date of the application.” This provision implements 35 U.S.C. 154(b)(1)(B).
To learn more:
Topics:
2000; Grounds For Adjustment,
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2730 - Applications Filed On Or After May 29,
Patent Law,
Patent Procedure