AN INSIGHT ON THE PATENT TERM ADJUSTMENT PROVISIONS IN VARIOUS COUNTRIES

Before the implementation of TRIPS agreement, the term of a patent was usually expressed in a number of years either starting from the filing date of the patent application or from the date of grant of the patent. Significant international harmonization of patent term across national laws was transpired in the 1990s by the implementation of the WTO and TRIPS Agreements. As the patent term is now based on the filing date instead of the patent issue date; delays in prosecution may reduce the term of a granted patent. Patent Term Adjustment (PTA) could effectively reduce any possible patent term reduction caused by Patent Office delays. PTA provision is very well established in USA and available in the public domain. This article provides the details of various statutory provisions in other countries including United States of America, compensating the term of a granted patent, reduced by patent office delays, in the form of Patent Term Adjustment (PTA).