Fed. Circ. To Mull Whether USPTO's Patent Term Math Adds Up

Law360, New York (January 29, 2013, 9:20 PM EST) -- A federal judge's decision Monday that the U.S. Patent and Trademark Office correctly interpreted the patent term adjustment statute conflicts with two recent rulings that the USPTO's calculation method wrongly shortens the lives of patents, setting the stage for the Federal Circuit to resolve the issue, attorneys said.

The earlier decisions opened the door for many patent owners to extend the terms of their patents, as the courts held that applicants were shortchanged by the way the USPTO calculated patent term adjustments, which compensate for delays...
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