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| Patents > PAIR > HELP > PTA
EXPLANATION OF PATENT TERM ADJUSTMENT CALCULATION
1. What am I viewing? Applicants are viewing the Patent Applicant Information Retrieval (PAIR) screen which displays the calculated adjustment to the term of the patent. All calculations displayed on the PAIR screen are determined by a computer program that uses the information recorded in the Office’s automated patent application information system (the Patent Application Location and Monitoring system or PALM). The computer program will determine the amount of adjustment to the term of patent pursuant to 35 U.S.C. § 154(b) and 37 CFR §§ 1.702-1.705. The computer program will perform the Patent Term Adjustment (PTA) calculations twice. The first calculation will be performed when the Office mails the Notice of Allowance to the Applicant and the second calculation will be performed when the Office mails the Issue Notification Letter to the Applicant. The calculations will not be changed between the time of mailing of the Notice of Allowance and the mailing of the Issue Notification letter. The PAIR screen displays a series of entries related to the specific application which is being evaluated to ascertain whether the application will receive an adjustment to the term of the patent. The specific entries are as follows: (1) APPLICATION FILING DATE. The APPLICATION FILING DATE entry reflects the original filing date of the application and not the date that the application became eligible for adjustment of the patent term due to examination delay. Applications which are eligible for Patent Term Adjustment are original applications (including continued prosecution applications), except for design patents, filed on after May 29, 2000, and patents issued on such applications. See 37 CFR § 1.702(f). (2) ISSUE DATE. The ISSUE Date entry reflects the date the application will issue as a patent, that is the date the patent is granted and the patent grant is mailed to the applicant.. (3) PRE-ISSUE PETITIONS (days). The PRE-ISSUE PETITIONS entry reflects adjustments to the term of the patent resulting from a request for reconsideration of the patent term adjustment indicated in the notice of allowance and/or a request for reinstatement of all or part of the term pursuant to 37 CFR § 1.705(b). See 37 CFR § 1.705(b) and (c). (4) POST-ISSUE PETITIONS (days). The POST -ISSUE PETITIONS entry reflects adjustments to the term of the patent for post-issuance request for reconsideration based upon the patent being issued on a date other than the projected date of issue. See 37 CFR § 1.705(d) (5) USPTO ADJUSTMENT (days). The USPTO ADJUSTMENT entry reflects adjustments to the term of the patent by USPTO personnel which are not generated by the computer program. USPTO personnel may adjust the calculated term of the patent upon review of the application pursuant to 35 U.S.C. § 154(b) and 37 CFR §§ 1.702-1.705. (6) USPTO DELAY (PTO). The USPTO DELAY entry reflects adjustments of the patent term due to examination delay other than delays caused by failure to issue a patent within three years of the actual filing date of the application. See 37 CFR § 1.702. The adjustments of the patent term are calculated by the Office’s computer program. (7) THREE YEARS. The THREE YEARS entry reflects adjustment to the term of the patent due to failure to issue the patent within three years of the actual filing date of the application in the United States. See 35 U.S.C. § 154(b)(1)(B) and 37 CFR §§ 1.702(b). The adjustment to term of the patent for failure to issue the patent within three years of the actual filing date is determined by the computer program. (8) APPLICANT DELAY (APPL.). The APPLICANT DELAY entry reflects adjustments of the patent term due to the Applicant’s failure to engage in reasonable efforts to conclude prosecution of the application for the cumulative period in excess of three months. See 35 U.S.C. § 154(b)(2)(C) and 37 CFR § 1.704(b). The entry also reflects other Applicant’s failure to engage in reasonable efforts to conclude prosecution of the application. See 37 CFR § 1.704(c)(1)-(11). The adjustment due to Applicant(s) delay is determined by the computer program. (9) TOTAL PTA. The TOTAL PTA entry reflects the total adjustment to the term of the patent. The TOTAL PTA entry is the summation (excluding any time periods which overlap) of the addition of the adjustments to the term of the patent reflected in the PRE-ISSUE PETITIONS, POST-ISSUE PETITIONS, USPTO ADJUSTMENTS, USPTO DELAY minus the APPLICANT DELAY adjustment or zero, whichever is greater. The cumulative total amount of days adjustment to the term of the patent is determined by the computer program. (10) Patent Term Adjustment History reflects the entries from the PALM screen used in determining the amount of patent term adjustment. Shaded areas reflect time frames which cause the total amount of PTA to be adjusted because of Applicant’s failure to engage in reasonable efforts to conclude prosecution of the application or the USPTO’s examination delays. 2. What do I do if I do not agree with the patent term adjustment determination? If Applicant does not agree with the patent term adjustment determination as shown on the Notice of Allowance which is reflected on the PAIR screen, Applicant may file an application for patent term adjustment requesting reconsideration of the patent term adjustment determination and any "due care" showing. See 35 U.S.C. § 154(b)(3)(B) and 37 CFR § 1.705(b) and (c). Applicant must file an application for patent term adjustment no earlier than the date of mailing of the notice of allowance and no later than the payment of the issue fee. The application for patent term adjustment must be accompanied by the requirements enumerated in 1.704(b). If Applicant agrees with the TOTAL PTA determination shown on the Notice of Allowance which is reflected on the PAIR screen, but, believes that all or part of the term of the patent being reduced pursuant to 37 CFR § 1.704(b) is due to Applicant being unable to respond within three months mailing of the Office communication and Applicant was unable to meet the deadline in spite of all due care, then Applicant may file an application for patent term adjustment requesting reinstatement of the period reduced pursuant to 37 CFR 1.704(b). See 37 CFR § 1.705(c). Any request for reinstatement will not be granted for more than the three additional months for each reply beyond three months from the mailing of the application. Applicant(s) must file an application for patent term adjustment no earlier than the date of mailing of the allowance and no later than the payment of the issue fee. Applicant’s request for patent term adjustment requesting reinstatement of all or part of the term must comply with the requirements enumerated in 37 CFR § 1.705(c). If Applicant finds that the patent indicates a revised patent term adjustment due to the patent being issued on a date other than the projected date of issue, any request for reconsideration of the patent term adjustment indicated in the patent must be filed within thirty days of the date of the issued patent and must comply with the requirements of 37 CFR § 1.705(b)(1) and (2). See 37 CFR § 1.705(d). 3. What do I do if I have a question about the PAIR screen? If the question is concerning how PAIR works contact the Electronic Business Center (EBC) at (703) 305-3028. If questions concerning the values on the PAIR screen contact the Technology Center Customer Center Representative for the patent application. |