USPTO Has Opportunities to Improve Its Internal Controls and Oversight Related to PTA and PTE Calculations

For our final report on the evaluation of the United States Patent and Trademark Office’s (USPTO’s) Patent Term Adjustment (PTA) and Patent Term Extension (PTE) processes, our objectives were to determine whether USPTO (1) calculates and awards PTA and PTE in compliance with relevant statutes, regulations, and case law; (2) has adequate internal controls to ensure the proper calculation and award of PTA and PTE; and (3) uses valid and reliable data to calculate PTA and PTE. We contracted with The MITRE Corporation (MITRE)—an independent firm—to perform this evaluation. Our office oversaw the progress of this evaluation to ensure that MITRE performed the evaluation in accordance with the Council of the Inspectors General on Integrity and Efficiency’s Quality Standards for Inspection and Evaluation (December 2020) and contract terms. However, MITRE is solely responsible for the attached report and conclusions expressed in it.