Additional Patent Term Adjustment Under Wyeth

Law360, New York (December 15, 2008, 12:00 AM EST) -- On Sept. 30, 2008, the U.S. District Court for the District of Columbia issued a decision changing how the U.S. Patent and Trademark Office (PTO) must calculate patent term adjustment under 35 U.S.C. ยง 154. Wyeth v. Dudas, No. 07-1492, 88 U.S.P.Q.2d 1538 (D.D.C. 2008).

This decision particularly affects patents stemming from applications that were pending at the PTO for more than three years. Recalculating patent term adjustment under Wyeth may result in significantly longer patent term, which can be of considerable value to patent holders....
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