Case Study: Patent Term Adjustment

Patent Term Adjustment (PTA) is a mechanism in the United States that extends the term of a patent beyond its standard 20-year duration. PTA is designed to compensate patent holders for certain delays that occur during the patent examination process. These delays can be attributed to factors such as prolonged examination by the USPTO, interference or derivation proceedings, and certain applicant-requested delays. By providing additional days to the patent term, PTA aims to ensure that patent owners receive the full protection period for their inventions despite these delays.

When calculating Patent Term Adjustment (PTA) for a patent, several types of delays are considered, including delays caused by the patent office, applicant-requested delays, interference or derivation proceedings, and regulatory delays in industries like pharmaceuticals. PTA aims to compensate patent applicants for these delays by adding additional days to the patent term, ensuring that patent holders receive the full and fair term of their patent protection.

The timeframe for submitting a formal request for Patent Term Adjustment (PTA) is within two months from the date of the patent grant. It is essential to adhere to this deadline to secure the additional patent term, as late submissions may result in a reduced or forfeited PTA. Patent applicants should carefully monitor the process to ensure timely submission and maximize the benefit of PTA.