Coding error impacting USPTO patent term adjustment software

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Patent Alert

Coding error impacting patent term adjustment software

The USPTO has discovered that a recent update to our software introduced a coding error into the patent term adjustment software the agency uses to perform patent term adjustment (PTA) determinations. This error impacted certain patents issued from March 19, 2024, through July 30, 2024, and it may have caused an incorrect calculation of the delay under 35 U.S.C. 154(b)(1)(A) and the amount of overlap under 35 U.S.C. 154(b)(2)(A). Other PTA calculations under 35 U.S.C. 154(b) were not impacted by this error.

The USPTO has identified the source of this error and corrected the computer program. Patentees seeking a revised PTA determination based on this error must submit a timely request for reconsideration of the PTA indicated in the patent under 37 CFR 1.705(b).

You can find more information in the Official Gazette Notice available on the USPTO’s Patent Related Notices webpage.

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