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).


The methodology for understanding and calculating PTA with the USPTO include the following :

Step 1

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.

Step 2

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.
Step 3

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.
Step 4

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.

Step 5

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.

Step 6

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.

Step 7

Recourse for PTA Adjustments

Applicants may appeal PTA adjustments through the USPTO's Patent Trial and Appeal Board (PTAB).

Step 8

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.


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 :


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.

"As a leader in IP services, we bring proven expertise, cutting-edge technology, and a commitment to your success.

"Unlock Innovation and Stay Ahead of the Curve! Choose Effectual Services for Your PTA Services Today.

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Here are some frequently asked questions (FAQs) related to the Patent Term Adjustment (PTA) :

PTA is important because it ensures that patent owners receive the full term of patent protection to which they are entitled, compensating for delays in the examination process.

PTA is calculated by adding the time-related delays in the patent examination process, subtracting any applicant-induced delays, and making adjustments for certain USPTO-related delays.

Delays considered for PTA calculations include the time taken by the USPTO to issue office actions, respond to applicant submissions, and grant a patent.

Yes, patent owners can request reconsideration of PTA within a specified period after the patent grant if they believe there are errors or omissions in the initial PTA determination.

Applicant-induced delay includes delays caused by the applicant's actions or requests, such as requesting an extension of time. These delays are subtracted from the PTA calculation.

PTA applies to U.S. patents and patent applications. International patent applications filed under the Patent Cooperation Treaty (PCT) or other international agreements are subject to their own rules regarding patent term.
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