USPTO To Update Patent Term System After Ruling

Law360, New York (January 28, 2010, 7:33 PM EST) -- The U.S. Patent and Trademark Office will allow patentees to request a recalculation of their patent term adjustment without a fee or petition while the agency makes updates to its calculation system in light of the recent appeals court ruling in Wyeth v. Kappos.

The U.S. Court of Appeals for the Federal Circuit’s ruling in the case found that the USPTO misinterpreted the law governing the patent term length and a clause barring the double-counting of overlapping prosecution delays.

The agency said Thursday the usual fee...
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