Elissa Kingsland

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Patent Term Adjustment: The Real Meaning of Applicant Delay

On January 23, 2019, the Federal Circuit decided Supernus Pharmaceuticals, Inc. vs. Iancu and shed light on Patent Term Adjustment (PTA). PTA was established by the American Inventors Protection Act of 1999 and codified at 35...more

2/7/2019 / Chevron Deference , European Patent Office , Patent Applications , Patent Examinations , Patent Term Adjustment , Patent Terms , Patents , Request for Continued Examination , Statutory Interpretation , USPTO

Information Disclosure Statements: When and How to File?

Under U.S. patent law, while there is no duty to perform a search of relevant art, inventors and those associated with filing or prosecuting patent applications as defined in 37 C.F.R. § 1.56 have a duty to disclose to the...more

1/29/2018 / Disclosure Requirements , Information Disclosure Statement , Patent Application Information Retrieval (PAIR) , Patent Applications , Patent Examinations , Patent Terms , Patents , Request for Continued Examination , USPTO

Calculating Patent Term Adjustment: Part 2

This article is second in a series focusing on various issues related to Patent Term Adjustment for U.S. patent applications. While Part 1 is a general overview of how to calculate patent term adjustment (“PTA”), this...more

9/21/2017 / Information Disclosure Statement , Patent Applications , Patent Examinations , Patent Term Adjustment , Patent Terms , Patents , Request for Continued Examination , USPTO

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

6/26/2017 / Patent Applications , Patent Term Adjustment , Patent Terms , Patents , Pre-GATT , Request for Continued Examination , USPTO

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