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Expert Analysis

Overlooked Changes To Patent Cooperation Treaty Practice

By Nicholas Landau and Jake Neu (May 14, 2018, 1:53 PM EDT) -- The recent Actelion Pharmaceuticals Ltd. case brought to light a little-known quirk in how national stage patent applications affect the length of one's patent term. That case involved a drug company losing five days of patent term due to an error in the national stage coversheet; unlike most errors during patent prosecution, this one could not be corrected. While five days of patent term is a small fraction of the entire term, sales of some blockbuster drugs are over $1 million per day. Actelion attempted to rely on the 2013 passage of the "Technical Corrections" section of the America Invents Act[1] to save its patent term, but to no avail....

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