Novartis Challenges USPTO Patent Extension Policy

Law360, New York (July 7, 2010, 2:59 PM EDT) -- Novartis AG has filed suit against the U.S. Patent and Trademark Office, claiming that the agency’s interim method for recalculating patent term adjustments in light of Wyeth v. Kappos has effectively cut short 11 of the drugmaker's patents.

Novartis and its Novartis Vaccines Diagnostics Inc. unit lodged a complaint Tuesday in the U.S. District Court for the District of Columbia seeking extensions on the patents ranging from five to 435 days.

According to the suit, the USPTO has committed the same errors in calculating adjustments to...
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