Patent Term Adjustment (PTA)

• Delays caused by an interference proceeding (35 U.S.C. § 135(a))

• Delays caused by imposition of a secrecy order (35 U.S.C. § 181)

• Delays caused by successful appellate review (requires a BPAI/court decision reversing an adverse patentability determination)

  • all rejections of at least one claim must be reversed
  • a remand by itself is not a decision reversing an adverse patentability determination

• These delays are the bases for patent term extension under Public Law 103-465 (URAA)

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