What is one of the criteria for claiming PTA due to administrative delays?

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The criterion for claiming Patent Term Adjustment (PTA) due to administrative delays is indeed related to the time taken to receive the first Office Action after the filing date. Specifically, if it takes greater than 14 months to receive the first Office Action, this indicates a delay in the prosecution of the patent application that can warrant an adjustment of the patent term. The provisions for PTA are designed to compensate applicants for delays that may affect the timing of patent issuance, and this 14-month threshold is a critical marker for establishing whether an administrative delay has occurred.

In contrast, other options do not address the specific criteria for administrative delays as laid out in the regulations governing PTA. For instance, first Office Actions issued within 12 months refer to a target, not to a delay that causes an increase in PTA. Likewise, overall pendency exceeding 5 years relates more to the entirety of the patent process rather than a specific administrative delay that could impact the first Office Action timeframe. Changes in the application process at the filing date do not pertain to the assessment of delays experienced in the administrative handling of the application after it has been filed.

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