Are You Entitled to a Longer Patent Term? Federal Circuit Rules that the USPTO Short-Changed Patent Term Adjustments


The Federal Circuit recently held in Wyeth v. Kappos, 93 USPQ 2d 1257 (Fed. Cir. 2010) that the United States Patent and Trademark Office (USPTO) has been miscalculating the patent term adjustment (PTA) owed to patentees arising from certain types of USPTO examination delays. In response, the USPTO has created a new procedure for patentees to request a recalculation of PTA, to thereby extend the expiration date of the patent.

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