Patent Term Adjustment (PTA)

• USPTO failure to issue a patent within three years of the actual filing date:

• In an international (PCT) application, “actual filing date” in 35 U.S.C. § 154(b)(1)(B) means the date national stage processing commences

• The three-year period does not include time consumed by any of--

  • Continued examination (RCE) under 35 U.S.C. § 132(b)
  • Secrecy order, interference, or any appellate review
  • Applicant-requested delays

Previous slide

Next slide

Back to first slide

View graphic version