Patent Term Adjustment After Wyeth V. Kappos

Law360, New York (January 28, 2010, 1:58 PM EST) -- Earlier this month, the Federal Circuit affirmed the decision of the U.S. District Court for the District of Columbia that the U.S. Patent and Trademark Office has been under-calculating the amount of patent term adjustment (PTA) due under certain provisions of the American Inventors Protection Act (AIPA) of 1999.

On Jan. 21, the PTO announced that it will not challenge the Federal Circuit’s interpretation.

As a result of the decision in Wyeth v. Kappos, No. 2009-1120, 2010 U.S. App. LEXIS 300, 2010 WL 27184 (Fed. Cir....
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