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I apologize for being unclear. You are correct on the clock starting, but the clock can also be adjusted by the PTO if your patent is delayed in approval if I am understanding what is below correctly. If all patents granted to 'small business/inventors' are delayed to a great extent due to larger companies paying more for earlier patent approval, I assume that smaller inventor's patents will be adjusted, allowing them a longer term of protection, as they can start their business as soon as they file. See #3 here (also great info on patents in general): http://www.bpmlegal.com/howtoterm.html "Patents based on applications filed on or after May 29, 2000 (actual filing date, not priority date), might have had their terms extended for Patent Office delays beyond certain limits. Such extensions, called "patent term adjustments", are automatically given when the patent is issued, and they are usually marked on the face of the patent, flagged with "()". For example, see patent 7,613,700 - "() Subject to any disclaimer, the term of this patent is extended or adjusted under 35 USC 154(b) by 291 days." These adjustments are calculated mathematically based on a formula which takes into account when each office action was sent by the USPTO as compared with a standard for such actions, and subtracts any delays caused by the applicant's delay, and so on." However, if the standard is now different because of the new law, or if it is segmented by pricing, I have no clue what may happen. |
It's only adjusted if delayed "as compared with a standard for such actions". I'll bet that the vast majority of patents get no such adjustment because the office actions were within standard, even if their issue takes 5 years.