Under Section 154 of the Patent Act, if the US Patent and Trademark Office (USPTO) fails to examine a patent application and issue a patent within certain deadlines, the term of the resulting patent may be extended based on the length of the delay (35 U.S.C. § 154). Three broad categories of USPTO delays may result in a patent term adjustment. A patent may be entitled to a term adjustment if:
The USPTO fails to perform certain examination acts within prescribed times during examination of the patent application.
The USPTO fails to issue the patent within three years after the patent application filing date.
The patent application is involved in an interference proceeding or an appeal, or is subject to a secrecy order.
Section 154 also identifies patent applicant delays that reduce the length of any adjustment.