News & Analysis as of

Patent Term Adjustment United States Patent and Trademark Office

Calculating Patent Term Adjustment: Part 1

This article is first in a series focusing on various issues related to Patent Term Adjustment. Part 1 is a general overview of how to calculate patent term adjustment, without addressing the numerous factors that can affect...more

USPTO Patent Term Adjustment Error Costs Patent Owners Time And Money

by Foley & Lardner LLP on

The USPTO appears to have dropped its plans to overhaul the Information Disclosure Statement (IDS) process, but that’s no excuse for its failure to process IDSs in accordance with its current rules. Most egregiously, the...more

Top Stories of 2016: #16 to #20

After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe...more

Double Patenting

Originally published in CIPA Journal - January/February 2017. After the Uruguay Round Agreements Act (URAA) (effective 8 June 1995), US patents have a patent term of 20 years measured from the filing date or the...more

USPTO Extends Missing Parts Pilot Program for Another Year

In a notice published in the Federal Register last week (81 Fed. Reg. 93669), the U.S. Patent and Trademark Office announced that the Extended Missing Parts Pilot Program that was implemented on January 8, 2010 would be...more

District Court Denies Extra Patent Term Adjustment When National Stage Entry Date Falls On A Holiday

by Foley & Lardner LLP on

Some patent term adjustment (PTA) cases have broad impact–like Wyeth v. Kappos and Novartis v. Lee–but Acetelion Pharmaceuticals, Inc. v. Lee addresses a more esoteric issue: when does the 14-month clock start to run in a...more

The USPTO “Patents 4 Patients” Program: What, How, and Why

by Knobbe Martens on

On January 12, 2016, President Barack Obama announced his goal of a nationwide “Cancer Moonshot,” with the ultimate goal of accelerating cancer research “to end cancer as we know it” during his State of the Union Address As...more

Court Report - August 2016

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Takeda Pharmaceutical Co. Ltd. v. Lee - 1:16-cv-00852; filed July 1, 2016 in the Eastern District of...more

Court Can't Review Policy Behind Patent Term Adjustment Statute

by Foley & Lardner LLP on

In Singhal v. Lee, the U.S. District Court for the Eastern District of Virginia dismissed a complaint that challenged the Patent Term Adjustment (PTA) awarded to two patents, because the complaint failed to state a claim upon...more

Four Reasons to File an RCE with a Request to Suspend Processing

The U.S. Patent and Trademark Office (USPTO) allows a Request for Continued Examination (RCE) to be filed with a request to suspend processing of the RCE for up to 3 months, in accordance with 37 CFR 1.103(c). The suspension...more

Time Between Original and Corrected Restriction Requirement Nets No Further Patent Term Adjustment (Pfizer, Inc. v. Lee)

by McDermott Will & Emery on

Addressing patent term adjustment issues, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Patent and Trademark Office’s (USPTO) decision not to adjust the term of a patent, where the 197-day delay resulted...more

Pfizer, Inc. v. Lee (Fed. Cir. 2016)

Last month, in Pfizer, Inc. v. Lee, the Federal Circuit determined that the District Court for the Eastern District of Virginia did not err in granting summary judgment in favor of the U.S. Patent and Trademark Office on the...more

Pfizer v. Lee: A Patent Term Adjustment Double Standard?

In Pfizer v. Lee (No. 2015-1265, January 22, 2016), the Federal Circuit upheld the U.S. Patent and Trademark Office’s (USPTO) determination that the toll period for A-type patent term adjustment (PTA) delay stops upon the...more

Federal Circuit Holds a Defective Restriction Requirement Ends Patent Term Adjustment

In Pfizer v. Lee, the Court of Appeals for the Federal Circuit held that a “defective” restriction requirement was sufficient to stop the period of patent term adjustment granted when the U.S. Patent and Trademark Office...more

Incomplete Restriction Requirement Stops Clock For Patent Term Adjustment

by Foley & Lardner LLP on

In Pfizer v. Lee, the Federal Circuit affirmed the decision of the U.S. District Court for the Eastern District of Virginia that upheld the USPTO’s Patent Term Adjustment (PTA) calculation that stopped the clock running...more

Top Stories of 2015: #6 to #10

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

USPTO Extends Pilot Programs for Accelerating Examination

The U.S. Patent and Trademark Office (USPTO) has extended its After Final Consideration Pilot 2.0 and Quick Path Information Disclosure Statement programs through September 30, 2016. The programs are part of the USPTO’s...more

PTO Has Broad Discretion in Considering Extraordinary Situations for Patent Term Adjustment - Daiichi Sankyo Co. Ltd. v. Michelle...

by McDermott Will & Emery on

Addressing the U.S. Patent Office’s (USPTO) discretion in connection with patent term adjustments, the U.S. Court of Appeals for the Federal Circuit agreed with the district court that the USPTO acted within its discretion in...more

Patenting: A Guidebook For Patenting in a Post-America Invents Act World

by Foley Hoag LLP on

Patenting - Patenting generally offers a superior means for legally protecting most inventions, particularly since: • copyright, when available, does not provide a broad scope of protection; and • the...more

Patent Term Adjustment of Parent Application Does Not Extend to Continuation Applications - Hossein Mohsenzadeh v. Michelle K. Lee

by McDermott Will & Emery on

Addressing for the first time whether a patent term adjustment in a parent application is applicable to continuing applications, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment...more

Daiichi Sankyo Co. v. Lee (Fed. Cir. 2015)

Earlier this month, in Daiichi Sankyo Co. v. Lee, the Federal Circuit affirmed the decision by the District Court for the District of Columbia granting summary judgment to the Director of the U.S. Patent and Trademark Office...more

Federal Circuit Upholds USPTO Post-Wyeth Patent Term Adjustment Procedures

by Foley & Lardner LLP on

In Daiichi Sankyo Co. v. Lee, the Federal Circuit upheld the USPTO’s post-Wyeth Patent Term Adjustment (PTA) procedures, and found that the USPTO did not abuse its discretion when it limited the Interim Procedures to...more

Examination Delay Earns Patent Term Adjustment Only In One Application

by Foley & Lardner LLP on

In Mohsenzadeh v. Lee, the Federal Circuit affirmed the district court’s decision that the USPTO’s delay in issuing a Restriction Requirement in a parent application does not earn Patent Term Adjustment (PTA) for the ensuing...more

USPTO Pilots Expedited Patent Appeal Program But at What Price?

by Foley & Lardner LLP on

In a June 15, 2015 Federal Register Notice, the USPTO announced the Expedited Patent Appeal Pilot program, which will run until 2,000 ex parte patent appeals are expedited under the program, or until June 20, 2016, whichever...more

Patent Prosecution Updates

On April 14, 2015, the House of Representatives introduced a bill to amend the pre-filing grace period provisions of the America Invents Act (AIA). The bill, entitled "Grace Period Restoration Act of 2015" (H.R. 1791),...more

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