12-Month Rolling Average Median and Average Turnaround Time for Non-Final Amendments
The patent term adjustment (PTA) provisions of the American Inventors Protection Act of 1999 (AIPA) allow for term adjustment:
- if the USPTO fails to initially act on an application within fourteen months of its filing date;
- if the USPTO fails to respond to a reply or appeal by applicant within four months of the reply or appeal;
- if the USPTO fails to act on an application within four months of a Patent Trial and Appeal Board (PTAB) or court decision in an application containing allowable claims;
- if the USPTO fails to issue a patent within four months of the date the issue fee was paid;
- if the USPTO fails to issue a patent within three years of its filing date;
- if issue of a patent was delayed due to imposition of a secrecy order;
- if issue of a patent was delayed due to an interference proceeding; or
- if the issue of a patent was delayed due to successful appellate review.
The above chart represents the median and average turnaround of regular amendments by month.
This is one component of total PTA.
Percent of Amendments Acted on More Than Four Months After Receipt
The chart shows the percent of actions completed each month that were over 4-months old.
Amended Application Turnaround Time - Age in Weeks of Amendments Acted Upon in The Past Month
The chart above shows the number of amended patent applications that have been acted on by an examiner and returned to the applicant in the past month. (Note: Applications more than 70 weeks old are not displayed.)
An applicant may amend a patent application in response to any adverse action taken by a patent examiner. Amendments can be made after a final action by canceling claims or changing the application to comply with any requirement made necessary by an examiner’s action. The chart above shows the total number of amended applications that have been processed by examiners.
Pending Amended Inventory by Weeks Old
The chart above shows the pending amended inventory by weeks old. (Note: The inventory over 70 weeks is not displayed.)
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