PTA Keeps Score: Patent Term Adjustment as a Measure of the USPTO Backlog

"Under 35 U.S.C. 154(b), the USPTO guarantees certain examination timelines: a first action within 14 months of filing, responses to applicant submissions within four months, and total prosecution wrapped up within three years. When the Office misses these marks, the patent term is extended day-for-day. The result is that average PTA across newly issued patents serves as a rough measure of how well the agency is keeping up with its own workload."

"In 2015, the average PTA hovered around 320 days, reflecting the agency's long struggle with a massive examination backlog. Over the next six years, the Office steadily ground that number down, reaching a low of approximately 120 days in mid-2021 as part of the COVID slow-down in filing. That progress has now fully reversed."

"Average PTA climbed back to 296 days by December 2025, approaching the decade-earlier peak. The agency spent years working down the backlog and has now given back nearly all of that progress."

Patent Term Adjustment (PTA) under 35 U.S.C. 154(b) extends patent terms when the USPTO fails to meet guaranteed examination timelines: first action within 14 months, responses within four months, and total prosecution within three years. Average PTA across newly issued patents indicates the agency's workload management effectiveness. From 2015 to mid-2021, the USPTO reduced average PTA from 320 days to approximately 120 days, demonstrating significant backlog reduction. However, this progress has reversed substantially, with average PTA reaching 296 days by December 2025, nearly matching 2015 levels and indicating the agency has surrendered most of its prior improvements.

Read at patentlyo.com