About the service
Patent Term Adjustment (PTA) is a mechanism by which the United States Patent and Trademark Office (USPTO) may adjust the patent term due to delays in the patent examination process. PTA aims to compensate patent applicants for the time their patent applications spend in the examination queue, as well as for certain administrative delays. Patents issuing on applications filed on or after May 29, 2000 are eligible for the patent term adjustment under provisions of 35 U.S.C. 154(b) (effective May 29, 2000 and amended thereafter).
Methodology
The methodology for understanding and calculating PTA with the USPTO include the following :
Filing a Patent Application
The PTA process begins when an inventor or applicant files a patent application with the USPTO. The application is reviewed to determine its eligibility for PTA.
Identifying Applicable Delays
The USPTO identifies various delays in the patent examination process that may impact the patent term. These delays include the time taken for the USPTO to :
- Issue a first office action.
- Issue a second or subsequent office action.
- Respond to a patent applicant's reply or amendment
- Issue a patent grant after approval.
Calculating Total PTA
The USPTO calculates the total PTA by adding up the delays related to the examination process and any additional delays for :
- Delays due to interference proceedings.
- Delays caused by secrecy orders or national security concerns.
- Delays resulting from appellate proceedings.
Subtracting Applicant-Induced Delays
Applicant-induced delays, such as requests for extension of time or failure to respond to USPTO actions within a specified period, are subtracted from the total PTA.
Determining Adjustments for USPTO Delays
The USPTO grants PTA for certain USPTO-induced delays, which may include failures to meet statutory deadlines in the patent examination process.
Resolving Disputes
In case of disputes over PTA calculations, applicants have the option to request a patent term adjustment reconsideration to address issues not addressed during initial PTA determination.
Recourse for PTA Adjustments
Applicants may appeal PTA adjustments through the USPTO's Patent Trial and Appeal Board (PTAB).
Extending Patent Term
If a PTA is granted, the USPTO will extend the patent term to compensate for the delays and any other applicable adjustments.
Scope
The scope of PTA is based on the cross verify the PTA calculation reflecting at the USPTO PAIR. The PTA calculation is done on the basis of applicable rules defined by the USPTO.
Types of Delay
The delay caused during the prosecution of patent application can be categorized broadly in two ways :
USPTO Delay
Days of PTO delay can be calculated as :
Days of PTO delay = A-delay + B-delay + C-delay – AB Overlap
PTO delay is sometimes colloquially referred to as “the 14-4 Rule” and provides for PTA extension in the following scenarios :
When the USPTO fails to issue a notice, i.e., mail a restriction requirement, a non-final office action, or a notice of allowance, within 14 months after the application filing date
When the USPTO fails to respond to an applicant’s Reply within 4 months
When the USPTO fails to respond to a Patent Trial and Appeal Board (PTAB) decision within 4 months
When the USPTO fails to issue a patent within 4 months after issue fee has been paid A-delay extends the patent term by 1 day for each day after the end of the period specified in (i), (ii), (iii), or (iv), as the case may be, until the action described in the relevant clause is taken.
Applicant delay
In PTA calculation USPTO has set a rule for applicant to response to the office action within 3 months’ time from the mailing date of office action. In case of delay in responding to office action it will be treated as Applicant delay.
Failure to respond within 3 months’ timeline
Submission of incomplete reply
Submission of supplemental reply
IDS after response to OA (under certified under 1.97 (e) and filed within 30 days of foreign action)
Submission of action at applicant’s request
Defer of issuance at applicant’s request
Defer of issuance at applicant’s delay
Failure to file petition to withdraw abandon within 2 months of Notice of Abandonment received.
Abandonment or late issue fee payment
Filing for withdrawal of issue fee payment
Filing of unnecessary Terminal Disclaimer
RCE filed after either Final OA or after Advisory Action which follows after FOA and response.
Why Choose us?
At Effectual Services, we provide increased efficiency, adaptability, and access to a broader talent pool while maintaining the accuracy and security of client’s data. PTA calculation ensures that patent owners receive fair compensation for examination delays and administrative issues beyond their control. It extends the patent term, increases the value of patents, and provides incentives for efficient patent examination processes, benefiting patent applicants, patent owners, and the overall intellectual property landscape.
There are several compelling reasons to choose Effectual Services for your PTA Service needs :
Highly Qualified Team
Effectual Services boasts an experienced team comprising Law Graduates, MBA’s with enormous legal expertise making them well-suited for Intellectual Property-related services.
Quality and Reliability
As service providers, reliability and consistent performance are our top priorities. One might choose us because of our reputation for delivering high-quality services consistently.
Improved Decision-Making
Accurate and well-maintained procedures aid in informed decision-making related to calculations, protection against administrative delays, and legal matters.
Operational Efficiency
Accurate data streamlines business processes, reduces the need for manual interventions, and improves overall operational efficiency.
Empowering Innovation
Stay ahead of the competition, reduce costs, and drive innovation with our PTA services.
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"Unlock Innovation and Stay Ahead of the Curve! Choose Effectual Services for Your PTA Services Today.
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Contact Us NowFAQ
Here are some frequently asked questions (FAQs) related to the Patent Term Adjustment (PTA) :