Court Ruling May Lengthen Term of Many U.S. Patents


Overview -

In a major victory for patent holders, a federal court ruled on November 1 that the U.S. Patent and Trademark Office’s interpretation of the statute governing the term of a patent, which the Patent Office has implemented for the past decade, is wrong. The ruling is expected to lengthen the term of many patents that the Patent Office takes more than three years to grant.

The Patent Office Has Been Short-Changing Patentees -

The U.S. Patent and Trademark Office is required by statute to lengthen the term of a patent whose issuance is delayed for any number of reasons. This process, called “patent term adjustment” or “PTA,” compensates a patentee for the loss of enforceable patent term, which is measured from the filing date of the patent application. One factor in awarding PTA is whether the Patent Office took more than three years to issue a patent.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dechert LLP | Attorney Advertising

Written by:


Dechert LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.