Fletcher YoderPatent term adjustment time should be calculated by determining the length of time between application filing and patent issuance, subtracting any continued examination time (and another other time identified in 35 U.S.C. § 154(b)(1)(B)), and determining the extent to which the result exceeds three years.
The Federal Circuit holds that 35 U.S.C. § 154(b) expressly permits a patent term adjustment including delays resulting from § 154(b)(1)(A) and delays resulting from § 154(b)(1)(B), less overlapping periods of delays, rather than merely a patent term adjustment equivalent to the greater of delays resulting from § 154(b)(1)(A) or delays resulting from § 154(b)(1)(B).