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ARTICLE · 18 APRIL 2013

The AIA Technical Corrections Act Changes How Patent Term Adjustment Is Calculated And Challenged

Morrison Foerster
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The USPTO has recently published an interim final rule implementing various provisions of the AIA Technical Corrections Act.

United StatesIntellectual Property
Janet Xiao
Janet Xiao
Alexandra Cavazos
Alexandra Cavazos
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On April 1, 2013, the USPTO published an interim final rule1 implementing various provisions of the AIA Technical Corrections Act ("AIA TCA").2 This new legislation and its implementing regulations significantly alter how patent term adjustment ("PTA") is calculated and challenged.3

Streamlined PTA determination to reduce the complexity and cost of correcting PTA errors

One of the most significant changes brought about by the AIA TCA is the streamlining of PTA calculations by the USPTO.

Prior to the enactment of the AIA TCA, there were two points in time at which the USPTO notified an applicant of its PTA calculation. The first occurred with a Notice of Allowance.4 In this instance, the PTA calculation was based on the USPTO's assumption that the allowed patent would issue on a certain predicted date. An applicant that disagreed with the USPTO's PTA determination had to file a request for PTA reconsideration on or before the payment of the issue fee.5 However,

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