In this issue:
- Supreme Court Loads Up IP Docket
- Federal Circuit Clarifies Calculation of Patent Term Adjustment for Applications with Continued Examination Requests
- Chipotle Case Gives Hope Against Class Actions
- Announcements And Reminders
- Excerpt from Federal Circuit Clarifies Calculation of Patent Term Adjustment for Applications with Continued Examination Requests:
In a recent ruling, the Federal Circuit clarified the scope of available Patent Term Adjustment (PTA)resulting from the U.S. Patent and Trademark Office's (PTO) failure to issue a patent within three years from the date the application was filed, for applications in which a request for continued examination (RCE) was made. Novartis AG v. Lee, 2013-1160, 2013-1179 (Fed. Cir. Jan. 15, 2014). Under the decision, PTA is not available for the period of prosecuting the RCE to allowance, but is available for the period from allowance to issuance.
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