USPTO Patent Term Adjustment Reaches 318-Day Average, Tripling Since 2021 to Match 2015 Levels

The six-week trailing average of Patent Term Adjustment (PTA) for newly issued United States utility patents has reached 318 days as of mid-April 2026, returning to levels last seen around 2015 and representing nearly a tripling since the modern low of approximately 120 days recorded in mid-2021. The finding was reported by Dennis Crouch, Professor at the University of Missouri School of Law, on April 21, 2026 in Patently-O.

PTA is the mechanism under 35 U.S.C. § 154(b) that compensates patent owners for delays attributable to the USPTO during examination. A 318-day average means that a typical utility patent issuing today carries close to one additional year of term beyond the 20-year baseline, paid entirely by delays on the Office’s side.

Historical Pattern: Six Years Down, Less Than Five Years Back

The post-2015 decline in PTA moved from roughly 320 days down to approximately 120 days, a reduction achieved over six years of steady effort as the USPTO worked through its early-2010s examination backlog. The reversal has been faster. PTA has nearly tripled since mid-2021, and the recent trend shows no sign of leveling off.

Crouch’s earlier reporting in March 2026 noted the six-week average at 296 days. The April reading of 318 days represents a further acceleration. The current trajectory, if sustained, would soon push PTA beyond its 2015 peak.

Implications for Patent Owners and Practitioners

Rising PTA extends effective patent protection, which has value for patent owners in competitive markets where later-expiring exclusivity translates into additional licensing revenue or market exclusivity. For pharmaceutical and biotechnology companies in particular, even marginal extensions of patent term can carry significant commercial consequences.

At the same time, extended examination pendency creates costs: delayed certainty about claim scope, higher prosecution expenditures over a longer examination period, and increased uncertainty for competitors trying to assess freedom to operate. Startup companies and entities managing large patent portfolios are often disproportionately affected.

From a prosecution strategy perspective, the lengthening average examination timeline reinforces the value of accelerated examination pathways. The USPTO’s Track One prioritized examination program, as well as the Artificial Intelligence Search Automated Pilot Program (ASAP!), which the Office extended through June 1, 2026, are among the tools available to applicants seeking faster resolution.

Structural Factors Behind the Increase

Multiple factors are contributing to the backlog expansion. Growth in applications in artificial intelligence, software, and biotechnology has outpaced the Office’s capacity to add and train examiners with matching technical expertise. Reports of personnel reductions at the USPTO connected to the DOGE efficiency initiative have raised questions about whether examiner staffing levels are adequate to address the increasing workload. The Office has not disclosed detailed staffing projections, but the PTA trajectory offers one measurable indicator of the pressure on examination capacity.

The USPTO reduced average PTA by more than 200 days over six years following the 2015 peak. Whether the current administration will replicate that improvement, and over what timeline, is a question the agency’s operational decisions in the near term will begin to answer.