Fed. Circ. Ruling Clears Path For Longer Drug Patent Terms

Law360 (January 25, 2019, 10:04 PM EST) -- The Federal Circuit has given some patent owners, especially those in the pharmaceutical industry, a chance to obtain potentially lucrative extensions on the life of their patents by striking down U.S. Patent and Trademark Office regulations the court said "unfairly penalize applicants."

The appeals court ruled Wednesday that the patent office exceeded its statutory authority by imposing rules that in some situations restricted the availability of patent term adjustment, or time added to the life of patents to make up for delays during prosecution.

The patent owner in the case, Supernus Pharmaceuticals Inc., is seeking to extend the term of its...

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