"The Patent Term Adjustment statute guarantees that USPTO delays will not unduly shorten patent term. The first guarantee an applicant encounters is the 14-month clock."
"When the agency misses that mark, the applicant earns day-for-day patent term adjustment under what we call 'A delay' or '(A)(i) delay.'"
The Patent Term Adjustment statute ensures that delays by the USPTO do not significantly reduce patent terms. Applicants expect a First Office Action or Notice of Allowance within 14 months of filing. If the USPTO fails to meet this deadline, applicants receive day-for-day patent term adjustments. However, data indicates that the USPTO has not been successful in consistently meeting this 14-month target, resulting in potential negative impacts on patent terms for applicants.
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