PTO Term Adjustment Tweak May Extend Protections

Law360, New York (July 23, 2009, 8:27 PM EDT) -- The U.S. Patent and Trademark Office has admitted that it has been incorrectly calculating patent term adjustments for patents issuing from the national stage filings of international applications and plans to change its formula, a move that could yield another three to 12 months of exclusivity for patent holders.

The PTO conceded that it had been setting adjustments for the patents resulting from 371 national stage filings based on the date that applicants completed their 371(c) requirements — such as the inventor's oath or declaration —...
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