The Evolving Patent Term Adjustment Landscape
- Lori M. Brandes, Ph.D. and Eric K. Steffe
- IP Law360
The U.S. Court of Appeals for the Federal Circuit decided Wyeth v. Kappos on Jan. 7, 2010, rejecting the U.S. Patent and Trademark Office's interpretation of 35 U.S.C. § 154 which provides patentees with additional patent term to compensate for delays in prosecution caused by the USPTO. The Federal Circuit held that periods of USPTO delay caused by a failure to issue a patent within three years did not overlap with certain untimely USPTO actions during prosecution, and therefore the patentee was entitled to the sum of these periods of delay.
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