News & Analysis as of

Patent Reform United States Patent and Trademark Office Patent Term Adjustment

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Final Rule to Implement PTA Provisions of AIA Technical Corrections Act and Provide Optional Procedure for Requesting...

On May 15, the U.S. Patent and Trademark Office published a Federal Register notice (79 Fed. Reg. 27755) to adopt as final changes to the rules of practice implementing the patent term adjustment (PTA) provisions of section...more

McDermott Will & Emery

A Minor Shift in Patent Term Adjustment Calculations - Novartis AG v. Lee; Exelixis, Inc. v. Lee

McDermott Will & Emery on

Presented with a challenge to patent term adjustments as determined by the Patent and Trademark Office (PTO) under 35 U.S.C. § 154(b), the U.S. Court of Appeals for the Federal Circuit held that post-allowance delays are ...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Partially Confirms Longer Patent Terms Under Exelixis and Novartis

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit confirmed that patent owners may be entitled to extended patent terms, a finding that is especially important for select pharmaceutical, biotech, and...more

Troutman Pepper

Federal Circuit Clarifies Patent Term Adjustment Provisions

Troutman Pepper on

On January 15, 2014, the Federal Circuit issued in Novartis v. Lee its anticipated opinion regarding the proper interpretation of 35 U.S.C. § 154, the statute that determines how patent term adjustment (PTA) is calculated....more

Foley & Lardner LLP

Congressman Goodlatte Proposes to Codify Obviousness-Type Double Patenting

Foley & Lardner LLP on

As I wrote previously, Congressman Goodlatte (R-Va.) released “a discussion draft” of patent reform legislation on May 23, 2013....more

Foley & Lardner LLP

Congressman Goodlatte Proposes Patent Reform to Eliminate Section 145 Actions and Exelixis I-Type Patent Term Adjustment

Foley & Lardner LLP on

As reported on the House Judiciary Committee website, on May 23, 2013, Congressman Goodlatte (R-Va.) released “a discussion draft of legislation designed to address the ever increasing problem of abusive patent litigation.”...more

Foley & Lardner LLP

U.S. and USPTO Move to Implement the Patent Law Treaty of 2000

Foley & Lardner LLP on

While U.S. patent practitioners have been focusing on the changes to U.S. patent law embodied in the Leahy-Smith America Invents Act (AIA), Congress has taken additional steps to harmonize and streamline patent application...more

Sheppard Mullin Richter & Hampton LLP

Things to Know About the Latest Final Interim Rules to Patent Term Adjustment

On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published interim final rules revising several patent term adjustment (PTA) provisions in view of the AIA Technical Corrections Act of January 14, 2013. 78 Fed....more

Morrison & Foerster LLP

The AIA Technical Corrections Act Changes How Patent Term Adjustment is Calculated and Challenged

On April 1, 2013, the USPTO published an interim final rule implementing various provisions of the AIA Technical Corrections Act (“AIA TCA”). This new legislation and its implementing regulations significantly alter how...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Rules to Implement AIA Technical Corrections

In the past week, the U.S. Patent and Trademark Office has published two Federal Register notices to implement technical corrections to the Leahy-Smith America Invents Act. On Monday, the Office issued an interim final rule...more

Foley & Lardner LLP

USPTO Implements Significant Patent Term Adjustment Changes Pursuant to the AIA Technical Corrections Act

Foley & Lardner LLP on

On April 1, 2013, the USPTO published an “interim final rule” relating to Patent Term Adjustment (PTA), to implement changes to the PTA statute embodied in the AIA Technical Corrections Act. Although the rule changes have an...more

Foley & Lardner LLP

A Look at the Technical Amendments to the America Invents Act (AIA) Made by HR 6621

Foley & Lardner LLP on

On January 14, 2013, President Obama signed HR 6621 into law. The title of HR 6621 is “To correct and improve certain provisions of the Leahy-Smith America Invents Act,” but it also makes changes to other provisions of U.S....more

Foley & Lardner LLP

Congress Approves Patent "Corrections and Improvements" Act, President's Signature Expected Shortly

Foley & Lardner LLP on

On January 1, 2013, a bill (H.R. 6621) cleared both houses of Congress to “correct and improve certain provisions” in the Leahy-Smith America Invents Act of 2011 (AIA) and in other parts the Patent Act....more

Morrison & Foerster LLP

America Invents Act Updates Take Final Form

In a last-minute decision for the 112th Congress, the House of Representatives approved an America Invents Act (AIA) technical-revisions bill as amended by the Senate (H.R. 6621) on January 1, 2013. President Obama is...more

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