Mind + Muscle

technical minds + legal muscle


dig deep

Federal Circuit Grants Patent Term Adjustment After Allowance When Continued Examination Requested

  • 01.16.14
  • Lori M. Brandes, Ph.D. and Eric K. Steffe
  • Sterne, Kessler, Goldstein & Fox
On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit decided Novartis v. Lee (No. 2013-1160, -1179), holding that time spent in “continued examination” is excluded from a patent term adjustment even where the continued examination occurs after the application has been pending for more than three years. However, the Federal Circuit also held that the time excluded for continued examination is limited to the time before allowance of the application, and therefore positive patent term adjustment accrues from the date the application is allowed to issuance of the patent, as long as no later examination occurs.
To read our full analysis of this case, 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

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.