Patent Term Adjustments (PTA) Calculations
Patent term adjustment (PTA) is a process carried out by the United States Patent and Trademark Office (USPTO) for verifying day-for-day credits to the regular twenty-year term from the filing of a patent application based on delays in prosecution at the USPTO offset by delays caused by applicants. Patent Term Adjustment is calculated based on examiner and applicant delays during patent prosecution. The goal of PTA is to create incentives to guarantee prompt action from both sides in prosecuting patents.
We at MentesoIP help our clients in the validation of the Patent Term Adjustments calculated by USPTO. We review all of the events in prosecution to determine the correct PTA. A report is provided detailing our calculation and comparing it to the PTO’s calculation. Our process involves calculating the expiration date by calculating the maintenance fee, extensions of patent term, patent continuity and disclaimer of patent termination in a fast and accurate manner. We use proprietary processes using both electronic and human review developed in working with patent attorneys and clients.