What is the maximum term extension that can be obtained to compensate for a successful appeal?

The maximum term extension that can be obtained to compensate for a successful appeal is indeed five years. The United States Patent and Trademark Office (USPTO) allows for patent term adjustment (PTA) to account for delays during the application process, including those resulting from successful appeals.

When a patent application is successfully appealed to the Patent Trial and Appeal Board (PTAB), the applicant may be entitled to an extension of the patent term to compensate for the time lost during the appeal process. Specifically, the criteria set out in 35 U.S.C. § 154(b) provide for a calculation of PTA based on various delays, including those associated with appeals. The maximum extension offered in these scenarios caps at five years, which is intended to ensure that inventors receive a reasonable period of exclusive rights despite procedural delays.

Therefore, the correct answer of five years reflects the statutory limit provided by the law, ensuring that patent owners can still recover some of the lost time due to legal hurdles such as a successful appeal.