The USPTO recently circulated a notice informing us of a software glitch which might affect the expiry date of patents issued between March 19, 2024 and July 30, 2024. A few patents issued between these dates should have been awarded more Patent Term Adjustment (PTA) than was originally given. A PTA calculation is a complex calculation for taking into account delays by the Patent Office and delays by the Applicant and granting extra days of patent term in some cases.
If you have a patent issued between March 19, 2024 and July 30, 2024 and are particularly concerned about when this patent may expire, we suggest reviewing the official notice from the USPTO.
If the PTA appears to be miscalculated based on the software glitch, the deadline to contest a PTA calculation is two months from the issue date of the patent with 5 one-month extensions available. The USPTO is waiving the official fee for any extension of time.
If you are interested in learning more about this issue, please let us know.
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