Patent Terms, Adjustments, and Extensions

Basic Patent Term — 35 USC 154 Utility and plant patents: 20 years from earliest US filing date of application in chain. Design patents (AIA): 15 years from grant. Term runs from filing date — not from grant date. Earlier filing date = earlier expiration despite same grant date.

Patent Term Adjustment — 35 USC 154(b) / MPEP 2730 Compensates for USPTO administrative delays. Three types of USPTO delay: A-delay (failure to act within 14 months); B-delay (prosecution exceeded 3 years); C-delay (interference, secrecy, appeal). Applicant delays reduce PTA day-for-day. Net PTA added to 20-year term.

Applicant Delay Reduction — MPEP 2733 Any period applicant failed to engage in reasonable efforts reduces PTA. Extensions of time count as applicant delay. RCEs filed after first rejection count as applicant delay. Applicant can contest PTA calculation within 2 months of patent grant.

Patent Term Extension — 35 USC 156 / MPEP 2750 Compensates for regulatory review delays (FDA approval, USDA, EPA). Available for: human drug products, medical devices, food additives, color additives, animal drug products, veterinary biological products. Maximum extension: 5 years. Patent term after extension cannot exceed 14 years from regulatory approval.

PTE Requirements — MPEP 2752 Must apply within 60 days of regulatory approval. Product must be first permitted commercial marketing. Patent must claim the approved product or its use. Only ONE patent per approved product.