Mind + Muscle

technical minds + legal muscle

Bracket

dig deep

District Court holds filing of Request for Continued Examination does not reduce patent term adjustment

  • 11.09.12
  • Lori M. Brandes, Ph.D. and Eric K. Steffe
  • Sterne, Kessler, Goldstein & Fox

On November 1, 2012, the District Court for the Eastern District of Virginia issued a decision in Exelixis v. Kappos (Case No. 1:12cv96), rejecting the U.S. Patent and Trademark Office's (USPTO's) interpretation of the statute which provides patentees with additional patent term to compensate for delays in prosecution caused by the USPTO.  If upheld, this decision could result in extensions of patent term for many patentees where a request for continued examination was filed during prosecution and the USPTO has taken more than three years to issue a patent.

For more information, download the attached PDF.

Related People

Related Services

Sort By Media Type

Sort By Media Type
  • AlertAlert
  • BriefsBriefs
  • Comments to USPTOComments to USPTO
  • Design Patent Case DigestDesign Patent Case Digest
  • MultimediaMultimedia
  • News & ArticlesNews & Articles
  • Press ReleasePress Release
  • VideoVideo
  • WebinarWebinar
X

Unsolicited e-mails and information sent to Sterne, Kessler, Goldstein & Fox P.L.L.C. will not be considered confidential or privileged, may be disclosed to others, may not receive a response, and do not create an attorney-client relationship with Sterne Kessler.  If you are not already a client of Sterne Kessler, do not include any confidential information in this message.