U.S. Patent and Trademark Office Decides to Modify Process for Calculating Patent Term Adjustment

The United States Patent and Trademark Office (USPTO) recently agreed to modify how Patent Term Adjustment (PTA) is calculated in view of the recent Federal Circuit decision that overturned the way that the USPTO calculated PTA. The USPTO has stated that modifications to its software that calculates PTA are underway and are expected to be completed by March 2, 2010.

In the interim, the USPTO has further stated that it is implementing a means for recalculating PTA for recent patentees. In lieu of filing a petition with the required fee under 37 C.F.R. § 1.705(d), the USPTO will accept a Request for Recalculation without any further fee required. The Request for Recalculation is available only for patents issued before March 2, 2010 and must be filed no later than 180 days after the issue date. The USPTO will only accept the Request for Recalculation for alleged errors specific to the Federal Circuit’s decision. For patents issued after March 2, 2010, a request for reconsideration under 37 C.F.R. § 1.705(d) and the accompanying fee will be required within two months of the date that the patent issues.

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