Patent bar Patent term, adjustment, extension and maintenance fees question: days of patent term adjustment accrue

Patent barPatent term, adjustment, extension and maintenance fees

Nadia Petrovic's utility application was filed under 35 U.S.C. 111(a) on Monday, January 6, 2025. The Office mailed the first notification under 35 U.S.C. 132, a non-final rejection, on Thursday, May 14, 2026. How many days of patent term adjustment accrue under 37 CFR 1.703(a)(1) for this delay?

A 69 days, counted from Saturday, March 7 through May 14, 2026
B Zero days, because the first action was mailed within eighteen months
C 130 days, counted from the twelve-month date, January 6, 2026
D 68 days, counted from March 7, 2026 to the day before May 14
E No days, because 1.703(a)(1) delay begins after the three-year date

Show the answer and explanation

Answer: A. 69 days, counted from Saturday, March 7 through May 14, 2026

Answer: 69 days, counted from Saturday, March 7 through May 14, 2026. A delay is counted from the day after the date fourteen months after filing until the mailing of the first 132 notification or notice of allowance (37 CFR 1.703(a)(1)). Fourteen months after January 6, 2025 is Friday, March 6, 2026, so the period runs from Saturday, March 7 through Thursday, May 14, 2026, which is 69 days counting both ends. Why not the others: - 68 days: the period ends on, and includes, the mailing date of the action. - From twelve months: the guarantee is fourteen months, not twelve. - After the three-year date: that describes B delay under 1.703(b); A delay has its own 14-month clock. - No eighteen-month benchmark exists in 37 CFR 1.702; the first-action guarantee is fourteen months. Rule: A delay starts the day after the 14-month date and runs through the mailing of the first action or notice of allowance. Source: MPEP § 2731 (9th ed., Rev. 01.2024); 35 U.S.C. 154(b)(1)(A)(i); 37 CFR 1.702(a)(1), 1.703(a)(1); as at Oct 2026

Common mistake

Starting the A-delay clock at twelve months, or leaving out the mailing date of the action.

Practice more Patent bar Patent term, adjustment, extension and maintenance fees questions

Exam-style questions with worked answers, then full timed mocks. Free to start.

Start practicing →

Study note: Patent term, adjustment, extension and maintenance fees Patent barpractice questions & mock exams

Related Patent bar practice questions

A non-final action with a 3-month shortened statutory period was mailed in Omar Saleh's application on Wednesday, February 4, 2026. He filed a complete reply on Monday, June 1, 2026, with a petition and fee for a one-month extension of time. No other applicant delay occurred. By how many days is his patent term adjustment reduced under 37 CFR 1.704(b)?Hana Kimura filed an international application under the PCT on Monday, February 10, 2025, claiming priority to a Japanese application filed Monday, February 12, 2024. The national stage in the United States commenced on Wednesday, August 12, 2026. Ignoring adjustment and extension, when will the U.S. patent expire?A claim recites a mathematical formula for calculating the optimal cure time of rubber, and further recites constantly measuring mold temperature, recalculating the cure time with the formula, and automatically opening the press when the calculated time has elapsed. Under the USPTO's analysis, which conclusion is best supported?

Build a daily practice habit — a few exam-style questions a day, with worked answers. Free to start.

Start practicing →

Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.