This document summarizes patent term adjustment calculations under 35 U.S.C. 154(b) for determining extensions or adjustments to a patent term due to delays by the USPTO. It covers eligibility requirements, grounds for adjustments and reductions, procedures for requesting corrections, and examples of calculations including adjustments for USPTO delays and reductions for applicant delays. The document also discusses pre-grant and post-grant procedures for correcting patent term adjustment determinations.

1. PATENT TERM ADJUSTMENT CALCULATIONS UNDER 35 U.S.C. § 154(b) “ Playing Sudoku With The USPTO” Sudoku ( sūdoku ) is a logic-based, combinatorial number-placement puzzle.

12. Example For 111a Application PAIR ADJUSTMENT FILE 14 month date is 9-18-2006 3 yr date is 7-18-2008 [Potentially eligible under 35 USC § 154(b)(1)(B)] Patent Term Adjustments Explanation Of Calculations - USPTO Adjustment(days): 192 Total PTA (days): - Post-Issue Petitions (days): - Applicant Delay (APPL) Delay (days): - Pre-Issue Petitions (days): - Three Years: 01-05-2010 Issue Date of Patent: - USPTO Delay (PTO) Delay (days): 07-18-2005 Filing or 371(c) Date: Patent Term Adjustment (PTA) for Application Number: 11/184,429

13. PAIR ADJUSTMENT FILE 9-27-2007 is beyond 14 month date of 9-18-2006 so eligible under 35 USC § 154(b)(1)(A) Application Is Now Complete 02-27-2006 Application Dispatched from OIPE 02-27-2006 Case Docketed to Examiner in GAU 03-24-2006 IFW TSS Processing by Tech Center Complete 03-24-2006 Information Disclosure Statement (IDS) Filed 06-22-2007 Information Disclosure Statement (IDS) Filed 06-22-2007 Reference capture on IDS 06-22-2007 Requirement for Restriction / Election 09-26-2007 374 Mail Restriction Requirement 09-27-2007

14. Potential PTA 35 USC § 154(b)(1)(A) From and including: Tuesday, September 19, 2006 To and including: Thursday, September 27, 2007 It is 374 days from the start date to the end date, end date included

15. POTENTIAL PTA 35 USC § 154(b)(1)(B) From and including: Saturday, July 19, 2008 To and including: Tuesday, January 5, 2010 It is 536 days from the start date to the end date, end date included No additional USPTO delays were detected under 4 month rule

16. REDUCTION TO ADJUSTMENTS 1 From and including: Saturday, November 12, 2005 (3 months for reply) To and including: Wednesday, February 15, 2006 It is 96 days from the start date to the end date (end date included) Notice Mailed--Application Incomplete--Filing Date Assigned 08-11-2005 A statement by one or more inventors satisfying the requirement under 35 USC 115, Oath of the Applic 02-15-2006 96 Additional Application Filing Fees 02-15-2006

17. REDUCTION TO ADJUSTMENTS 2 From and including: Friday, August 8, 2008 (3 months for reply) To and including: Tuesday, August 19, 2008 It is 12 days from the start date to the end date (end date included) Mail Non-Final Rejection 05-07-2008 Request for Extension of Time - Granted 08-19-2008 12 Response after Non-Final Action 08-19-2008

18. REDUCTION TO ADJUSTMENTS 3 From and including: Sunday, March 1, 2009 (3 months for reply) To and including: Wednesday, May 13, 2009 It is 74 days from the start date to the end date (end date included) Mail Final Rejection (PTOL - 326) 11-28-2008 Workflow - Request for RCE - Begin 05-13-2009 Request for Extension of Time - Granted 05-13-2009 Disposal for a RCE / CPA / R129 05-20-2009 74 Request for Continued Examination (RCE) 05-13-2009

19. RCE REDUCTION From and including: Wednesday, May 13, 2009 To and including: Tuesday, January 5, 2010 It is 238 days from the start date to the end (end date included) Application Is Considered Ready for Issue 11-17-2009 Dispatch to FDC 11-24-2009 Patent Issue Date Used in PTA Calculation 01-05-2010 74 Request for Continued Examination (RCE) 05-13-2009 Date Forwarded to Examiner 05-20-2009

22. 371 Application Example PAIR ADJUSTMENT FILE 14 month date is 8-04-2008 3 yr date is 6-4-2010 Ineligible for PTA? No! For 3 yr date, date is measured from 371 (b or f) date (371(b) date is 30 months after priority date for PCT filing) [This calculation error was just discovered in 2009] Patent Term Adjustments 160 Total PTA (days): - Post-Issue Petitions (days): - Applicant Delay (APPL) Delay (days): - Pre-Issue Petitions (days): - Three Years: 01-19-2010 Issue Date of Patent: - USPTO Delay (PTO) Delay (days): 06-04-2007 Filing or 371(c) Date: Patent Term Adjustment (PTA) for Application Number: 10/583,814

23. 10/583,814 IMAGE FILE 3 yr date is actually 6-22-2009, Potentially eligible for PTA under 35 USC § 154(b)(1)(B) since issue date was 1-19-2010 1 PROSECUTION Abstract ABST 06-22-2006 21 PROSECUTION Claims CLM 06-22-2006 243 PROSECUTION Specification SPEC 06-22-2006 3 PROSECUTION Transmittal of New Application TRNA 06-22-2006

24. PAIR PTA FILE: USPTO DELAY Calculations verify that first action from 371(c) date was 191 days after 14 month date A Notice of Allowance was mailed within four months of applicants response so there was no further USPTO delay. Patent issued on 1-19-2010 211 days beyond the 3 yr date 371 Completion Date 06-04-2007 Application Dispatched from OIPE 07-17-2007 PG-Pub Issue Notification 10-19-2007 Email Notification 10-21-2007 Non-Compliant Preliminary Amendment 12-07-2007 Mail Non-Compliant Preliminary Amendment 12-11-2007 IFW TSS Processing by Tech Center Complete 12-07-2007 Email Notification 12-12-2007 Case Docketed to Examiner in GAU 12-19-2007 Preliminary Amendment 12-26-2007 Non-Final Rejection 02-06-2009 191 Mail Non-Final Rejection 02-11-2009

25. APPLICANT REDUCTIONS FOR DELAY Calculations verify that Applicant delayed 31 days beyond 3 month date in replying to first action. Email Notification 02-11-2009 Electronic Review 02-11-2009 Information Disclosure Statement (IDS) Filed 06-11-2009 Information Disclosure Statement (IDS) Filed 06-11-2009 Reference capture on IDS 06-11-2009 Request for Extension of Time - Granted 06-11-2009 31 Response after Non-Final Action 06-11-2009 Date Forwarded to Examiner 07-08-2009 Information Disclosure Statement considered 06-11-2009 Examiner's Amendment Communication 09-10-2009 Notice of Allowance Data Verification Completed 09-11-2009 Document Verification 09-11-2009 Mail Notice of Allowance 09-15-2009