Patent term adjustment (PTA) is a process carried out by the United States Patent and Trademark Office (USPTO) for adding day-for-day credits to the normal twenty year term from filing of a patent application based on delays in prosecution at the USPTO.

We assist attorneys in law firms and our Fortune 500 clients increase revenues by adding days, weeks, or even months to the term of the patent. We find a systematic review surfaces significant errors which may impact tens to hundreds of thousands of dollars by affecting the term of the patent.

Patent Term Adjustment Services

  • PTA calculations - 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.
  • Drafting petitions - Optionally we can draft petitions for Patent Term Adjustment if additional PTA is found.

Key Features

  • We are experts on Patent Term Adjustment
  • We get you additional term by finding errors
  • Our audit team is trained and monitored by patent attorneys
  • We use proprietary processes using both electronic and human review developed in working with patent attorneys and clients
  • Our attorneys monitor court cases, statutes, and regulations for changes affecting PTA which the USPTO is often slow to implement
  • Cost effective
  • Fast and accurate

Savings

Existing With MaxVal Savings
Client uses law firms (average $500/patent) $200/patent $300/patent
Internal resources $200/patent Significant

How PTA calculated?

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

  • PTA = A delay + B delay + C delay - Overlapping delays - Applicant Delay
  • A delay = PTO delays in responding
  • B delay = Pendency after 3 years
  • C delay = Delay due to interference, appeal, secrecy orders
  • Overlapping delays = Any overlap between A, B, or C delays
  • Applicant delay = Applicant’s failure to engage in reasonable efforts to conclude examination
MaxVal’s PTA Wizard ™
The easy to use do-it-yourself tool that helps you easily calculate the patent's PTA and compares it to the USPTO calculation.