What is Patent Term Adjustment?

Patent Term Adjustment (PTA) is a process of extending the term of a U.S. patent. Its motive is to accommodate for delays caused by the USPTO during the prosecution of a U.S. utility or plant patent application.

When you file for a patent in the U.S., expectation is that it will last 20 years from the day you filed it. But here’s the thing - sometimes the patent office takes longer than they should to review your application. And when that happens, your 20-year clock keeps ticking, even though you're still waiting.

That’s where Patent Term Adjustment, or PTA, comes in: It’s basically the government’s way of saying, “Sorry for the delay - here’s some time back.” They add extra days to your patent to make up for the time they held things up.

But don’t just take their word for it. When a patent gets approved, the patent office provides a number for how many days they’re adding. Sometimes that number isn’t right and they don’t provide lot of time to check or fix it.

That’s why it’s important to perform audit carefully. As in this competitive world, even one extra day of protection can really count.

Significance and Importance

• Helps You Keep the Full 20-Year Patent Term or more
  Delays from the USPTO can shorten your Patent term because sometimes actions from the USPTO are slow. Patent Term Adjustment helps to give back the lost days .
• Gives You More Time which leads to More Control
  When the patent lasts longer it gives you longer protection from copying your invention which means more control upon your invention. Even a single day matters.
• Longer Protection = More Value
  If we look from Business point of view, A patent with a longer lifespan looks more appealing to investors, licensees, or buyers. It adds weightage in deals making your invention more marketable.
• Helps You Plan Better
  Knowing your actual patent end date (including the extra days) helps you make smarter decisions — when to launch, when to invest, and what to do next. No guessing.
• Keeps Your Global Strategy on Track
  If the client has patents in other countries, it helps to know exactly when U.S. patent ends. That way, everything lines up and you’re not scrambling to adjust.

Methodology (How PTA Is Calculated)

Types of Delay

• USPTO Delay
  • A Delay
  • B Delay
  • C Delay
• Applicant Delay
• Overlapping Delay

Formula’s to Remember

1. Main PTA Formula = (A Delay + B Delay + C Delay) – Applicant Delay – Overlapping Delay

Where:

2. Novartis Rule (when RCE is filed and patent is granted more than 3 years after filing) = Issue date- NOA-1

3. When RCE is filed within 3 years of filing= (Issue date- Filing date) – (3years from filing date) – (Time between RCE & NOA) – 1 – C delay

4. Terminal Disclaimer (TD) Rule= When TD is filed in a case calculated the expiration of the Patent given in TD and of the current application. Whichever expires first will the final date.

Our Approach at Effectual

At Effectual, we don’t just run a report and hand it over. We sit down and take a real look at your patent history carefully and thoroughly. If you’ve lost even a single day that should count toward your patent term, we make sure you know about it and help you fix it.

We Go Through Your Entire Timeline:

We read your whole file, from the day it was filed to the day it was granted. We look for missed deadlines, delays, and any red flags that could affect your patent term.

We Label the Delays the Right Way:

Delays can happen for different reasons. Some are on you, some are on the patent office. We sort them properly into categories (A, B, or C) just like the USPTO does.

We Make Sure Nothing’s Counted Twice:

Sometimes delays overlap — like two types of delays happening at once. We make sure they aren’t double-counted, which would hurt your total time.

We Check Delays Blamed on You:

The USPTO sometimes counts days as your fault when they’re not. We double-check all of them and flag any days that shouldn’t have been charged to you.

We Compare Our Numbers to Theirs:

After reviewing everything, we compare what we found to the official PTA from the USPTO. If there’s a difference, we dig into why.

If Something’s Wrong, We Help Fix It:

If we find errors, we don’t just tell you. We help you file the correction with proper documents so you can actually recover lost days.

You Get a Simple, Clear Report:

No legal jargon. No complicated charts. Just a clear report that tells what we found, what it means, and what to do next.

Frequently Asked Questions (FAQs)

Q1. Can an incorrect PTA impact my patent’s value?

Yes, if PTA is miscalculated it can lead to shorten time span of a patent which will ultimately cause loss of rights.

Q2. How does filing an RCE (Request for Continued Examination) affect PTA?

An RCE can either reduce or stop B Delay from being counted especially if it's filed after the 3-year deadline. That is why tracking the timeline around RCEs and USPTO responses is so important.

Q3. Is the USPTO’s PTA calculation always accurate?

No, USPTO uses automated system which can miss overlapping delays or even miscalculate other delays. That is why human calculation is important to catch the delays.

Q4. Can I still recover PTA if I find an error after my patent is granted?

Yes, but there is a strict deadline. You have 2 months from the date your patent is granted to file a Request for Reconsideration with the USPTO and no extensions are allowed.

Case Study

Case Study: Gaining Nearly 2 Extra Years of Patent Life

Client: Confidential (Pharmaceutical Sector)
Filing date: Jan 2015
Patent granted: May 2021

Delays:

• A Delay: 300 days
• B Delay: 600 days
• C Delay: 100 days

Overlapping: 200 days

Applicant Delay: 50 days

PTA = 300 (A) + 600 (B) + 100 (C) – 200 (Overlapping) – 50 (Applicant) = 750 days

Result= That’s over 2 years added to the patent’s term.

How Can We Help

Accurate PTA Calculations

We don’t just rely on what the USPTO gives you. Our team carefully reviews your entire file history line by line to make sure every A, B, and C  delay is counted properly, and nothing is missed or duplicated.

Minimize Applicant Delay

Sometimes the USPTO puts the delay on the applicant even when it shouldn’t. We double-check those dates, and if You have been unfairly charged, we challenge it. That could mean more days added back to your patent term.

Catch and Correct Errors
Our team often find Missed delays, wrong calculations, overlapping errors and fixes them before you lose valuable protection time.

Reconsideration & Petitions

If your PTA is off, we’ll prepare and file a strong correction request under 37 CFR §1.705. Everything is backed with the right paperwork, timelines, and logic — so your petition is solid.

Portfolio-Wide Audits

We audit large portfolios to detect undervalued PTA especially helpful during M&A, licensing, or compliance reviews.

Why Choose Effectual Services?

At Effectual Services, we understand that When it comes to Patent Term Adjustment, even a few extra days can make a big difference. Here’s why clients around the world trust us with their PTA needs:

1. Deep Patent Expertise

Our team includes IP professionals who understand the details of PTA rules from A, B, and C delays to tricky overlapping periods and applicant delays, who can help you to save days of your patent.

2. Accuracy & Reliability

We use manual review which means accuracy and attention to detail which can be further matched with the delays of the USPTO.

3. End-to-End PTA Support

Whether it’s a one-time PTA review or an ongoing portfolio audit, we handle everything : including calculations, reports, and petition filing, all.

4. Reports You Can Actually Use
We don’t just throw numbers at you. Our reports are built to be read and understood — no legal jargon, no confusion. Whether you’re a law firm partner or managing an in-house legal team, everything is laid out clearly, with visuals that make the story easy to follow.

5. Clients Around the World Trust Us
From fast-moving startups to global corporations, we’ve supported clients across the U.S., Europe, and Asia. They count on us for quick responses, total confidentiality, and results they can rely on - every single time.

6. We Help You Get the Most Out of Your Patent
We’re not here to just crunch numbers. Our job is to make sure you get every day you’re entitled to. We often spot missed delays or unclaimed time, which can add months -sometimes even years - to your patent’s life. That kind of difference can really pay off.