What To Expect From USPTO On Patent Term Post-Supernus
By Matt Kamps, Dan Schwartz and Alyssa Eckerley (February 27, 2019, 3:22 PM EST) -- The U.S. Court of Appeals for the Federal Circuit recently decided Supernus Pharmaceuticals Inc. v. Iancu, holding that because Supernus could not have taken "reasonable efforts to conclude prosecution" of its patent application during a 546-day period — beginning with its filing of a request for continued examination and information disclosure statement, and ending with its receipt of an EU notice of opposition and accompanying references — the U.S. Patent and Trademark Office could not treat the 546-day period as "applicant delay" under 37 C.F.R. 1.704.
While patentees have had the ability rely on Supernus as a basis for a petition requesting...
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