Patent Term Adjustments (PTAs) alter the patent term and are meant to account for delays in patent prosecution, and usually increase the life of the patent beyond their normal 20 year term. They are usually calculated by accounting for prosecution delays by both the applicant and the USPTO. The PTO automatically grants adjustments, but patentees can petition to recalculate the adjustment if they disagree with the PTO’s calculation.

In our own experience, USPTO miscalculations, though rare, can be quite significant. In some of these cases, recalculation led to an addition of several hundred days to the life of the patent. In one case, for example, it added over 600 days to read more