Alerts2.19.21
Federal Circuit Clarifies When Appellate Review Triggers Patent Term Adjustment
Highlights
Consider the tradeoffs in securing a patent issuance between potential Patent Term Adjustment (PTA) and requesting continued examination
Type C delays for appellate review requires reversal by Patent Trial and Appeal Board or a reviewing court
The reopening of prosecution during appeal may allow for B-delay PTA, but not C-delay PTA
When there are delays in patent examination at the United States Patent and Trademark Office (USPTO), patent owners are entitled to an extension of the patent’s term. However, for a patent’s term to be extended, certain requirements must be met for the patent to qualify for Patent Term Adjustment (PTA).
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