We Dig Into the Past to Extend Your Future

While you may have anxiously waited during prosecution for your patent grant, we know you’re not in a hurry for its expiration. We have helped both law firms and enterprise customers take advantage of the true lifespan of their patents, adding days, weeks, and even months to patent terms, as well as millions of dollars to sales figures.

Delays happen during prosecution. Everyone knows that, including the United States Patent and Trademark Office. Which is why the USPTO will credit an applicant for the patent term lost due to USPTO delays. Whether caused by the examiner or applicant, our Patent Term Adjustment (PTA) review systematically calculates all prosecution events to determine the correct PTA.

We provide a detailed report comparing our timeline to the USPTO’s official calculation. For biopharma patents, in particular, the difference can mean tens of millions of dollars in continuing revenue.

Features

  • We are Patent Term Adjustment experts
  • Outsourcing PTA analysis to us is more cost-effective than analyzing it in-house
  • Our proprietary processes combine both electronic and human review stages developed from working with patent attorneys and clients
  • Our in-house patent attorneys train and monitor our audit team
  • Our service is much faster and more accurate than your internal resources
  • Our attorneys monitor court cases, statutes, and regulations for changes affecting PTA, which the USPTO is often slow to implement

How is Patent Term Adjustment Calculated?

Patent Term Adjustment is calculated based on examiner and applicant delays during patent prosecution: 

  1. PTA = A delay + B delay + C delay – Overlapping delays – Applicant Delay
  2. A delay = PTO delays in responding
  3. B delay = Pendency after 3 years
  4. C delay = Delay due to interference, appeal, secrecy orders
  5. Overlapping delays = Any overlap between A, B, or C delays
  6. Applicant delay = Applicant’s failure to engage in reasonable efforts to conclude examination

We Should Talk

With a full spectrum of IP services and software products, we make it easier for companies, IP ops teams and law firms to transform ideas into assets and value. We look forward to speaking with you.

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