As reported in the February 2010 edition of “Full Disclosure,” the Federal Circuit in Wyeth v. Kappos recently found fault with the USPTO’s method of calculating patent term adjustment (PTA). In response, the USPTO established an interim procedure for requesting PTA recalculation in accordance with the framework set forth in that decision. Under the procedure, patentees can request recalculation of PTA for any patent issued before March 2, 2010, within 180 days of the patent’s issuance. The interim procedure, however, is not without flaws, and the Wyeth decision continues to pester USPTO officials.
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