My understanding of patent term adjustments are validity extensions that arise from delays within the Patent Office itself is that they are calculated automatically with the possibility of a filer applying for a different term calculation.

Is this an accurate assessment?

1 Answer 1


I've got almost 200 issued patents and my experience is that the USPTO automatically calculates the patent term adjustment, but it is worth double checking the calculation, making sure they got it right.

For questions like this, you can always google "patent term adjustment MPEP". The MPEP is basically the rulebook for patent examiners. In this case, it says that the patent term adjustment preliminary calculation is provided with the issue notification, so it should happen automatically. https://www.uspto.gov/web/offices/pac/mpep/s2733.html

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