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Federal Circuit Affirms Wyeth v. Kappos Resulting In The Extension Of Patent Protection Where The USPTO Has Taken More Than Three Years To Issue A Patent

  • 01.08.10
  • Sterne, Kessler, Goldstein & Fox P.L.L.C.

On January 7, 2010, the U.S. Court of Appeals for the Federal Circuit issued a decision in the case of Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., January 7, 2010) rejecting the USPTO's interpretation of the statute which provides patentees with additional patent term to compensate for delays in prosecution caused by the USPTO.  This important decision could result in extensions in patent term for many patentees where the USPTO has taken more than three years to issue a patent.

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