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The Evolving Patent Term Adjustment Landscape

  • 08.02.12
  • 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.[1] 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.[2]

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