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

To claim Patent Term Adjustment (PTA) due to administrative delays, one of the key criteria involves the time frame associated with receiving the first Office Action. Specifically, if an application takes longer than 14 months to receive the first Office Action from the United States Patent and Trademark Office (USPTO), the applicant may be entitled to additional time added to the patent term.

This provision is in place to address the delays that may occur in the examination process, thus ensuring that applicants are not unfairly penalized for delays that are not within their control. The calculation of PTA takes into account various types of delays, and the 14-month window is an important benchmark for determining whether a longer-than-acceptable delay has occurred in issuing the first Office Action.

In contrast, while the overall pendency exceeding 5 years may indicate administrative delays, it doesn't specifically relate to the entitlement for PTA in the same direct manner as the 14-month threshold for the first Office Action. Similarly, while the timing of the first Office Action is crucial, a first Office Action issued within 12 months would align with timely processing, thus not contributing to claims for PTA. Lastly, changes in the application process on the filing date pertain more to procedural changes rather than delays specifically