Patent Term Adjustment

Sagacious IP’s Patent Term Adjustment (PTA) service enables you to easily extend the term of a US patent by accommodating for the delays caused by the US patent office (USPTO) during the prosecution of a US patent application. The total PTA is an addition to the 20-year lifespan of a US patent. 

Patent term adjustment (PTA) service that is comprehensive and cost-effective.

Impact Stories

Impact Story 1

A mechanical engineering company approached us with a case in which PTA was not calculated correctly for one of their patents. As it was discovered, during the calculation the newly introduced “Novartis Rule” was not incorporated. Sagacious re-calculated the PTA and as a result, added additional 53 PTA days to the term of the patent.

Impact Story 2

USPTO had incorrectly awarded 103 more days as PTA to one of our clients. Sagacious IP helped correct the errors by providing accurate days of PTA to the client and drafting a petition ready to file at the USPTO. As a result, the USPTO re-calculated the PTA days and saved the client from future legal action by any third-party.

FAQs

Patent term adjustment (PTA) refers to the measure of compensating an applicant for the delay caused in the patent prosecution process. PTA is aimed at extending the term of a US patent to accommodate the delay on the part of the USPTO.

Quite often, a PTA stretches the term of the patent. Therefore, the total PTA can be an addition to the 20-year lifespan of a patent issued in the United States. 

Calculating patent term requires consideration of myriad factors that ultimately increase the difficulty of the entire process. Therefore, to minimize the scope of errors, it is advisable to take help from experts. According to the USPTO, some of the factors that should be kept in mind while calculating a patent term are:

  • Type of application (utility, design, plant)
  • Date of application filing
  • Patent grant date
  • Benefit claims under 35 U.S.C. § 120, 121, or 365(c).
  • Patent term extensions and adjustments under 35 U.S.C. § 154.

Patent term adjustment can be calculated by subtracting the days of applicant-caused delays from the days lost due to USPTO-caused delays {TA = (Days of PTO delay) – (Days of Applicant Delay}.

For the US patents (excluding design patents) that have been issued in response to the application filed on or after June 8, 1995, the patent term begins on the date of issue and remains in force for the next 20 years.

 

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