Obstacles to Correcting Patent Term Adjustments

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With the much anticipated opinion of Wyeth v. Kappos, No. 2009-1120, 2010 WL 27184 (Fed. Cir. Jan. 7, 2010), the Federal Circuit overturned one aspect of the PTO’s methodology of calculating the amount of a patent term adjustment (PTA) an applicant is due under the Patent Term Guarantees of 35 U.S.C. § 154(b). While Wyeth will apply to calculating PTAs going forward, procedural obstacles may foreclose patentees from obtaining a correction of prior PTA determinations for issued patents or patent applications in which the issue fee has already been paid.

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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.

© Robert Matthews, Jr., Matthews Patent-Law Consulting | Attorney Advertising

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