Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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Latest Posts › Request for Continued Examination

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Patent Term Adjustment in the Post-RCE Period

We know from Novartis v. Lee that a patent application does not earn “B delay” type Patent Term Adjustment (PTA) from the time an RCE is filed until a Notice of Allowance is issued, but an application still can earn PTA for...more

3/27/2015 - Notice of Allowance Patent Term Adjustment Patents Request for Continued Examination USPTO

USPTO Issues Final Patent Term Adjustment Rules Under Novartis

The USPTO has published final Patent Term Adjustment (PTA) rules addressing the treatment of Requests for Continued Examination (RCEs) under the Federal Circuit decision in Novartis v. Lee. The final rules create a new type...more

1/12/2015 - Final Rules Novartis Patents Request for Continued Examination USPTO

USPTO Proposes Revised Patent Term Adjustment Rules for RCEs Under Novartis

The USPTO has published proposed rules for calculating Patent Term Adjustment (PTA) for applications in which a Request for Continued Examination (RCE) has been filed, after the Federal Circuit held in Novartis v. Lee that...more

6/20/2014 - Novartis Patent Applications Patent Term Adjustment Proposed Regulation Public Comment Request for Continued Examination USPTO

Patent Term Adjustment for Divisional Patents

Most of the Patent Term Adjustment (PTA) cases being filed in the U.S. District Court for the Eastern District of Virginia involve patents issuing from applications in which a Request for Continued Examination (RCE) was...more

7/16/2013 - Patent Term Adjustment Patents Request for Continued Examination USPTO

USPTO Launches New After Final Consideration Pilot Program to Reduce Requests for Continued Examination (RCEs)

In a Federal Register Notice published on May 17, 2013, the USPTO announced After Final Consideration Pilot Program 2.0 (AFCP 2.0) as part of its ongoing efforts to “reduce pendency by reducing the number of Requests for...more

5/21/2013 - Patent Applications Patent Examinations Patents Request for Continued Examination USPTO

Taking a Stand on USPTO Request for Continued Examination (RCE) Policy

Next week (February 4, 2013) is the deadline for submitting comments in response to the USPTO’s request for feedback on Request for Continued Examination (RCE) practice. (This article provides more information on the request...more

1/31/2013 - Filing Fees Patents Request for Continued Examination USPTO

USPTO Seeks Comments on Request for Continued Examination (RCE) Practice

The USPTO is seeking public comments on Request for Continued Examination (RCE) practice. In particular, the USPTO is “soliciting public feedback in an effort to better understand the full spectrum of factors that impact the...more

12/13/2012 - Patents Request for Continued Examination USPTO

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