Request for Continued Examination

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Federal Circuit Decision Impacts Patent Term Adjustment Calculation

Recently, the Federal Circuit issued a decision in Novartis v. Lee (2013-1160, Fed. Cir., Jan. 15, 2014) which alters Patent Term Adjustment (PTA) calculations for patents where a Request for Continued Examination (RCE) was...more

IP Buzz - January 2014

In this issue: - Supreme Court Loads Up IP Docket - Federal Circuit Clarifies Calculation of Patent Term Adjustment for Applications with Continued Examination Requests - Chipotle Case Gives Hope Against...more

Federal Circuit Clarifies Calculation of Patent Term Adjustment for Applications with Continued Examination Requests

In a recent ruling, the Federal Circuit clarified the scope of available Patent Term Adjustment (PTA) resulting from the U.S. Patent and Trademark Office's (PTO) failure to issue a patent within three years from the date the...more

Federal Circuit Decisions Result in Minor Adjustments to Patent Term Adjustment

Novartis v. Lee and Exelixis v. Lee (2013-1160, 2013-1179, 2013-1175, Fed. Cir. 2014) - Summary: For a patent application issuing after 3 years, an RCE filed at any time during prosecution will reduce patent...more

Novartis v. Lee: New Math for Calculating Patent Term Adjustment

Recently, in Novartis v. Lee (2013-1160, Fed. Cir., Jan. 15, 2014), the United States Court of Appeals for the Federal Circuit revised the method by which the United States Patent and Trademark Office (USPTO) calculates...more

Patent Term Adjustment Update - Novartis v. Lee

A recent ruling by the Federal Circuit in Novartis AG v. Lee resolved the issues raised in the Exelixis I, Exelixis II and Novartis decisions regarding the effect of a Request for Continued Examination (RCE) on patent term...more

Federal Circuit Grants Patent Term Adjustment After Allowance When Continued Examination Requested

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit decided Novartis v. Lee (No. 2013-1160, -1179), holding that time spent in “continued examination” is excluded from a patent term adjustment even where...more

Patent Office Extends AFCP 2.0 to December 2013

The United States Patent and Trademark Office (USPTO) just announced that the After Final Consideration Pilot 2.0 (AFCP 2.0) has been extended to December 14, 2013. The AFCP 2.0 was previously scheduled to expire on September...more

Patent Term Adjustment for Divisional Patents

Most of the Patent Term Adjustment (PTA) cases being filed in the U.S. District Court for the Eastern District of Virginia involve patents issuing from applications in which a Request for Continued Examination (RCE) was...more

USPTO Files Reply Brief in Exelixis v. Rea

At the end of June, the U.S. Patent and Trademark Office filed its reply brief with the Federal Circuit in Exelixis, Inc. v. Rea. The appeal involves two decisions by the Eastern District of Virginia involving the impact of...more

USPTO Launches New After Final Consideration Pilot Program to Reduce Requests for Continued Examination (RCEs)

In a Federal Register Notice published on May 17, 2013, the USPTO announced After Final Consideration Pilot Program 2.0 (AFCP 2.0) as part of its ongoing efforts to “reduce pendency by reducing the number of Requests for...more

USPTO Extends Comments Deadline, Will Hold Roundtables on RCE Practice

In December, the U.S. Patent and Trademark Office published a notice in the Federal Register (77 Fed. Reg. 72830) seeking public feedback on Request for Continued Examination (RCE) practice. The notice provided a series of...more

What To Expect When Australian Patent Prosecution Law Changes On April 15, 2013

April 15, 2013 is an important date insofar as Australian patent prosecution is concerned. On this date ‘new law’ will come into force that will apply to patent applications for which examination has not been requested by...more

Taking a Stand on USPTO Request for Continued Examination (RCE) Policy

Next week (February 4, 2013) is the deadline for submitting comments in response to the USPTO’s request for feedback on Request for Continued Examination (RCE) practice. (This article provides more information on the request...more

Exelixis Revisited: Conflict in Determining Patent Term Adjustment

On January 28, 2013, the U.S. District Court for the Eastern District of Virginia issued a decision in Exelixis, Inc. v. Kappos (Case No. 1:12-cv-00574-LMB-TRJ), holding that the U.S. Patent and Trademark Office (“PTO”) has...more

Top Stories of 2012: #12 to #15

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

USPTO Seeks Public Feedback on RCE Practice

Last week, the U.S. Patent and Trademark Office published a notice in the Federal Register (77 Fed. Reg. 72830) seeking public feedback on Request for Continued Examination (RCE) practice. The notice indicates that the...more

USPTO Seeks Comments on Request for Continued Examination (RCE) Practice

The USPTO is seeking public comments on Request for Continued Examination (RCE) practice. In particular, the USPTO is “soliciting public feedback in an effort to better understand the full spectrum of factors that impact the...more

Patent Term Adjustment Update - Exelixis v. Kappos

A recent ruling by the Eastern District of Virginia recently found that the United States Patent and Trademark Office (USPTO) had been incorrectly calculating a patent term adjustment statute concerning a Request for...more

District Court holds filing of Request for Continued Examination does not reduce patent term adjustment

On November 1, 2012, the District Court for the Eastern District of Virginia issued a decision in Exelixis v. Kappos (Case No. 1:12cv96), rejecting the U.S. Patent and Trademark Office’s (USPTO’s) interpretation of the...more

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